Getting Rid of Tenant? Advice please?

[Herroeeeey]

Hi

Anyone have any experience of getting rid of a tenant who insists on paying their rent on time and refuses to leave?

The property in question was up for sale when the tenant moved in and was a standard 6 month then rolling contract. I have accepted an offer but fear I will lose the buyer if I don't resolve this shortly.

By the sounds of it I have to go through the courts but does anyone know of the most direct and fruitful process? Any solicitors that specialise in this that anyone may have used? (yes i can google this but looking for personal experience).

[kford]

Your answer will be on one the forums on this site:

http://www.landlordzone.co.uk/

[ClareC]

You should serve a section 21 notice to gain possession any time after the end of the Assured Shorthold Tenancy, giving the correct contractual notice. If this is served and the correct notice given you can then use the courts should the tenant not leave by the requisite date.

Most will not ignore the notice, should they do so you would be able to claim your legal costs from them provided of course you have acted correctly.

[ratty]

Notice Requiring Posession. Section 21. 2 months notice. You may also be able to go on Mandatory Ground 1 if you have ever lived in the dwelling.

[peterstorm1985]

Have you thought of just offering them money? No one likes moving when they've found somewhere nice to live but if they know you'll go to court if necessary - after following the statutory procedure - then the value of a free holiday may make them more amenable.

[KidKruger]

I once went to the property during the day put all their possessions in a Luton van, drove it to edge of the M25, changed the locks and covered front door in steel.

Then called (ex-)tenant at work and said please give me an address to deliver the possessions to, I am waiting with a van on M25. No point trying to access the property without serious powertools and you have nowehere to plug them in.

They owed me a few weeks rent. They were extremely glad to get their possessions back. So much so that they offered 1/2 of the owed money immediately in advance (which I told them to deliver to someone near their work).

I would NOT recommend you do this. Worked for me though.

[Damian H]

KidKruger Wrote:

-------------------------------------------------------

> I once went to the property during the day put all

> their possessions in a Luton van, drove it to edge

> of the M25, changed the locks and covered front

> door in steel.

> Then called (ex-)tenant at work and said please

> give me an address to deliver the possessions to,

> I am waiting with a van on M25. No point trying

> to access the property without serious powertools

> and you have nowehere to plug them in.

>

> They owed me a few weeks rent. They were

> extremely glad to get their possessions back. So

> much so that they offered 1/2 of the owed money

> immediately in advance (which I told them to

> deliver to someone near their work).

>

> I would NOT recommend you do this. Worked for me

> though.

As you say, not a good idea if you want to stay on the right side of the law. I think that counts as an illegal eviction.

Perhaps everyone should view Pacific Heights again to see how badly wrong it can go?

[Herroeeeey]

-- moved topic --

[ClareC]

My tenants stopped paying rent altogether so, in the absence of them paying up after two months I went down the section 18 and 21 notice route. Irritatingly they had just signed up to a new AST so the S21 only applied at the end of the 6mths. The non payment allowed the S18 to be served too which brought about quicker results.

They ignored the notices so I issued against them, they moved out within a month of notice of hearing and paid up all they owed plus interest and legal costs a week before the hearing.

Ridiculous they let it it get that far as they significantly increased what they owed. I suspect it was the guarantor that settled up, I issued against him too.

Good luck, it's a crap situation but be grateful they at least pay the rent!! I was on maternity leave when it happened to me, received no maternity pay so had no income, crap timing!

[zeban]

Firstly, I would like to say there are many more rogue landlords than there are rogue tenants so let's not paint tenants with a bad brush please!

I don't really understand though. Have you given them their two months written notice that they're entitled to if they have a contract with you? have you done everything properly, legally and above board?

[ClareC]

Zeban, on what basis can you make that claim?

As with every situation there are good and bad on both sides. This is not an anti tenant thread, having re read it I don't see how you have come to that conclusion. It just happens to be a landlord asking advice in a certain situation.

Ironically, currently the law heavily favours tenants over landlords!

Edited to say, if you are unable to offer any advice, why post on a thread asking for advice? Doing so simply detracts from the purpose of the original thread. If you wish to discuss the ratio of rogue landlords in direct comparison to rogue tenants, start a thread doing so!

[DJKillaQueen]

If I had been your tenant KK and you'd done that to me I would have had you before the court so fast you'd have regretted your actions and been very out of pocket as well. There are laws in place to protect both tenants and landlords and for good reason. Having said that it never ceases to amaze me just how little regard some landlords have for the rights of tenants and the law.

What the OP doesn't say is if the six month contract is due to or has expired. If stll within the shorthold tenancy then there's not a lot you can do but an offer of compensation to the tenant if they mutually agree to end the tenancy might be worth a try and is not illegal.

Beyond the initial tenancy Clare's advice is right.

I wonder what the thinking was in renting out a property that was for sale to a new tenant?

[KidKruger]

Like I say DJQK, I advise against that sort of action.

The tenant could have taken me to court but you know what ?

When you're having the p!ss taken by a high earning city worker and they're relying on your doubt and apprehension to get away with it, things have to stop.

Obviously it could go to court, not rocket science. But one thing that was SURE was that the idiots wouldn't be back in my property, which was all I was interested in.

I'd rather have had the place re-let, with money coming in to pay my debts, than be going to court to get them out and no cash coming in. Everyone has pressures and problems, so don't add to them by thieving off people.

I'd rather be battling someone on the outside of my front door. It just creates a different, more manageable problem.

Sure. You'd have got me in court sharpish, great, I'm sure that would feel most empowering.

But it wasn't you was it ? So no need for posturing !

Once again, do NOT try this at home.

Zeban - your comment surprised me, if most landlords were dodgy wouldn't that mean by definition that most tenants have dodgy landlords ? That can't be the case, surely ? You may have had a bad deal sometime.. I can assure you that I am actually a very kind landlord, the benevolence sometimes of which would make Mother Theresa seem like Idi Amin.

Right now, I'm chasing a landlord for a deposit on a flat I rented 2 years ago, so I know both sides of the experience.

Herroeeeey - good luck with your endeavours, I'm sure court is the right way to go.

[zeban]

ClaireC, the law actually heavily favours the landlord, absolutely not the other way around so I don't know where you got that from. Just because there are laws to say you can't physically remove a tenant from a property etc, that's more a question of human rights than the law favouring the tenant.

And I know that because my entire generation are renters- everyone I know rents- and they all have horror stories when it comes to landlords, myself included. And I wanted to make that point as I didn't want the thread to become some rant about tenants. Although I appreciate there are some nightmare tenants too- it's just funny that you tend to hear more these stories in the media than the rogue landlords.

I also did offer helpful advice. The OP actually doesn't state whether they have given them written notice of the amount of time they are legally entitled to to leave. Or whether they've actually legally done anything correctly. For all we know they are trying to evict the tenant before the tenant's contract has finished which means why on earth Should the tenant leave?!!!

[Alan Medic]

How dreadful that a tenant should insist on paying rent on time. No wonder you want to get rid of them.

[KidKruger]

Alan, my understanding is the tenants pay rent on time but will not vacate, and the property possession is required so the sale of it can commence unheeded.

[Alan Medic]

Surely if their contract isn't up they are not required to move out?

[red devil]

The OP doesn't make it clear whether the original 6 month tenancy agreement is up or not, so once again, another EDF thread full of ifs, buts and maybes...

[Herroeeeey]

The tenant took up the tenancy on the basis that she was waiting to complete on a property and she knew we were selling. Now she wants to stay because it turns out that as she is a nurse she can do a subsidised purchase with the Gov/Council. The original purchase fell through and council have advised her not to leave as she won't be considered for a new house on this scheme if she relinquishes her tenancu out of choice.

So now I have to go through the courts so that the council will take her situation seriously.

She is over the initial 6 months and we served noticed on section 21 on 23rd August.

I wouldn't relish being in her situation but equally... I'm not enjoying mine much either.

[Jeremy]

Bad tenants vs bad landlords... I'm sure there are plenty of both. But while a bad landlord can try to fleece a tenant for hundreds/thousands of pounds, a bad tenant can refuse to pay rent, squat, or cause damage, which can easily add up to tens of thousands of pounds. It is surprisingly common, and a genuine risk if you rent out a property.

[Herroeeeey]

My last tenant turned my basement into a pole dancing club and full bar with optics, lazers etc. She failed to pay after 6 months and then half way through the check out drove off with all my furniture AND all the keys... did however leave her goldfish

I can't wait not to be a landlord any more.

[DJKillaQueen]

Basically you have a 'key worker' as the tenant and she can't make herself intentionally homeless if she's to remain eligible for the key worker subsidy on a property purchse. She is absolutely right to stay but not great for you. You'll just have to go through the legal process (which will help her too) and it'll take as long as it takes I'm afraid.

[Help-Ma-Boab]

Why is she right to stay if her contract/tenency has come to an end? Am I missing something here?

[Peckhamgatecrasher]

Not unless I've missed it too. I understand why she wants to stay put, but morally she doesn't have a leg to stand on.

[ratty]

She can leave after S21 expires without there being any case of intentionality. So you only have to wait another couple of weeks. If she does refuse though it's courts, posession orders and bailiffs but you can apply for and will get costs against her.