Eviction costs for landlord

[juliejason 10]

iv had notice to be out of my house for 20th jan, but odviously having difficulty saving for a bond as im on benefits, my landlord has £600 of mine in a bond protection scheme.....

but i owe £300 arrears and he says he wants to claim because iv decorated, and he wants it back to how it was.......(plain white walls )

it looks likes hes going to take me to court, as he has new tenants lined up.....

surely we could help each other, he could avoid court costs, ( preventing me from getting a bad reference,thus harder to get an house ! ) then if i just got my bond back and be gone...within 2 weeks.(as soon as i found an house.) would it save him money from the costs of taking me to court ? or do you think he will go to court to get me out ? because my solicitor said hed given me the "notice requiring possession " wrongly, thus my landlord being faced with un necessary time wasting doing it again ! etc etc

what do you think.....?

[OOmpa 10]

I'm struggling to understand all of that but from what I did understand, I would think the landlord will do everything by the book whether he has to pay any costs or not.

[lyndsayx 10]

If you didn't get permission to decorate then he is within his rights to ask for it back as he gave it to you, and can claim for the cost of this if you don't do it. I am guessing that he gave you notice due to the arrears? Try to come to an arrangement for paying this back, agree to paint the walls back as they were, and see if he will reconsider. If not, he will have to re-issue the Section 21 correctly and you will have another two months notice from the date it is re-issued. If you do not leave after this, he will have to obtain a court order to remove you.

Your bond is protected in a scheme, and if he wants to have it paid to him he will need to request this and provide proof to back up his claim.

[juliejason 10]

wont this court proceedure cost him loads tho' ?

and take loads of time, he might even loose his next potential tenants..........

[lyndsayx 10]

That is really up to him to weigh up, i don't know the full story. He will not need to seek possession and won't incurr further costs if you vacate on the (correctly) given date, which will be at least two months away if your solicitor is correct. Make sure you are not bullied into leaving earlier, harrassment of tenants is a criminal offence.

However, if you do decide to stay put please bear in mind he may seek to recover the costs from you.

[retired 10]

It will cost to quite a bit to evict you but then he will take you to the small claims court to recover the costs. You may not have the ability to pay but the claim will never go away and you will get a ccj. This will of course be a mark against you for some time to come and will make it difficult for you to find another landlord. I never consider anyone with a bad credit history no matter how small.

 

Try and strike a deal over the bond. You may lose it to cover your debt but keep your credibility. The lost money is easier to recover than a ccj.

[yellowperil 10]

why are you wanting your bond back if he doesnt take you to court,best to walk away with nothing on your part,you owe him £300 and the decorating will probably cost the other £300.just start again.

[retired 10]

He may have given you a section 21 instead of a section 8. Section 8 is for arrears but you need to be 2 months arrears in rent before he can give you a section 8. A section 21 is simply requiring possesion of his property back. You get the tenant out and then sue for costs.

[Douglas J 10]

iv had notice to be out of my house for 20th jan, but odviously having difficulty saving for a bond as im on benefits, my landlord has £600 of mine in a bond protection scheme.....

but i owe £300 arrears and he says he wants to claim because iv decorated, and he wants it back to how it was.......(plain white walls )

it looks likes hes going to take me to court, as he has new tenants lined up.....

surely we could help each other, he could avoid court costs, ( preventing me from getting a bad reference,thus harder to get an house ! ) then if i just got my bond back and be gone...within 2 weeks.(as soon as i found an house.) would it save him money from the costs of taking me to court ? or do you think he will go to court to get me out ? because my solicitor said hed given me the "notice requiring possession " wrongly, thus my landlord being faced with un necessary time wasting doing it again ! etc etc

what do you think.....?

 

It's a sensible question - looking for a win-win outcome. you could ask your landlord if he'd agree. you could also ask your solicitor. I would expect it to cost the landlord more in waiting and going to court.

[retired 10]

I think what the OP wants is a win-lose situation. He gets all his bond back and gets away with the £300 rent arrears and the cost of re-decoration. The landlord may have insurance for the court cost and besides lets remember who started all this. On principle alone people can't be allowed to get away with it that easy, there has to be a deterrent in place to stop it happening in the first place or to stop it happening again.

[kaymarie 10]

the costs of a court application is £100

the cost of a warrant for a baliff to evict you if you have not left should he be awarded possession is £95.00

 

so the total amount to evict you (if your landlord gets it right) if he does the paperwork himself (ie not be a solicitor) is £195.00

 

hope that helps