‘Tenant’ on benefits, how to evict

[Etong6885]

Hi,

I bought a property in auction which tenanted. After completion, went to see the tenant to ask her to sign new agreement. She refused to and saying she want to move out. After few weeks of she keeps on changing her mind to stay or to leave, I’m getting fedup. Just found out she’s on benefits. And now after 2 months, she said she want to sign contract after I asked her to leave, but she cannot pay for deposit etc. I don’t think I want my tenant to be on benefit as it is too complicated and the process to get the rent is too much. Is there anywhere I can do to ask her to move out? I don’t want her in my property. Can I still give her notice evethough technically she’s not my tenant? Council wants me to sign contract with her but I guess I should have a right to say no right? I rather loses 2 months rent rather than hv futher more problem in the future as she have a history of not paying rent for months with previous landlord.

[nukecad]

Of course she is your tenant, when you bought the property she became your tenant.

You can't just buy a property with a sitting tenant and kick them out.

You can't force a tenant to sign a new contract if they don't want to.

Did you issue the legally required section 3 and section 48 documents for the change of landlord?
It's an offence not to issue them; and you can't demand rent without a s48 being issued.

What basis is her current tenancy? Do you even know?
(If it's a 'Rent Act' tenancy, which it may well be seing as you bought at auction, then you have big problems).

The fact that she is claiming benefits is irrelevant.
Why do you seem to think it makes any difference to paying rent? You are not bothered where the money comes from as long as the rent is paid.
If it's not being paid then you evict.

But before you can even think of serving notice to evict you have to know just what type of tenancy she currently has, and get your legal paperwork in order.

[jpkeates]

When the purchase completed, the tenant became your tenant on the terms of the agreement in place with the seller.
Hopefully, you have copies of that agreement so you know what the terms are.

If the tenant paid a deposit to the previous owner, you are also responsible for keeping that in line with the regulations (and, ultimately returning it).
As per nukecad above, there are notices that you need to give the tenant to confirm the change of ownership.

There are two processes you can follow if the tenant doesn't want to leave.
One is to use a "section 21" notice - which is usually difficult when you buy a property, because you need to be sure of and able to prove things about actions that took place before you were the landlord.
The other is to use a "section 8" notice, which usually requires the tenant to have done certain things, like not pay rent to you (the previous landlord's experience isn't really relevant).
It's quite a complicated process if you're not sure what you're doing.

There are professional companies you can pay to support you.

Alternatively, you can basically bribe the tenant to give notice and leave.
If the tenant knows that your options are limited, that can be quite expensive.

I'm slightly surprised that you bought the property in this situation if you aren't experienced at this kind of thing.
It's something that even experienced landlords who specialise in problem properties think twice about.

[theartfullodger]

Have you served notice(s) compliant with S48 and s3? If not no rent due (S48) and possible fines and criminal record (s3)

[Etong6885]

The agreement with previous landlord is AST and ended July last year. They might holding under month to month basis agreement previously but nothing in writing. What else should I do to evict the tenant legally? At forst we already agreed that she will moved out on 30/6 but suddenly on the day she wants to sign new agreement but can’t afford any deposit etc. I using agent for the agreement and she haven’t passed the basic requirement for renting that the system setup because she currently doesn’t have any income.

Yeahh I think I made a huge mistake buying the property but just want to make it right now without losing any more money. Is that possible to ask her to move put as I’m currently renting and want to move in the property myself?

[Etong6885]

nukecad,

She’s previously on AST and her contract ended July last year.

[theartfullodger]

1st thing, serve notice(s) compliant with S48 and s3. (So you fully become landlord in addition to owner.

(Assuming previous AST valid -eg not in fact a rent act tenancy,) they have an entirely valid periodic AST. (Almost all same terms as original AST). Obvs. When did tenant 1st move in?

Do you have all paperwork that would permit valid s21 being served? Any deposit paid? You registered it?

What training in being a landlord and/or landlord/tenant law have you done please.

You could try offering new AST at lower rent and sort out as much as possible of paperwork.

Artful: "On benefits" - in receipt of 6 benefits (old).

[jpkeates]

The agreement with previous landlord is AST and ended July last year. They might holding under month to month basis agreement previously but nothing in writing. What else should I do to evict the tenant legally?

If an AST agreement doesn't have any specific provision about what happens when the fixed term ends, it automatically continues as a periodic tenancy.
If the rent was paid monthly, it will be a monthly periodic tenancy.

So it is wrong to think that anything "ended" last July.
The tenant still has an AST with all of the previous terms - except the one's relating to notice, which are replaced when the periodic tenancy begins.

Yeahh I think I made a huge mistake buying the property but just want to make it right now without losing any more money. Is that possible to ask her to move put as I’m currently renting and want to move in the property myself?

"right now" is only going to be possible if the tenant agrees to give notice or surrender the tenancy.
Otherwise, it can take quite a while to evict someone, and, in some limited cases, it might not be possible at all.

If you can't persuade the tenant to leave (by offering a large amount of cash?), you might be best either paying a professional company to try and evict the tenant or try selling the property to someone else who doesn't understand the problems associated with it and cut your losses.

[Etong6885]

I think I’m that dumb person who buy the property without having any knowledge. The previous landlord already tried to removed her because she didn’t pay the rent for 5 months. That’s why he sold it, and I only found out about it. He previously told me he selling because he want to move out of the country 😩

Is the AST still in order when she already have problem with rent paying before i bought the property?

[Etong6885]

theartfullodger,

Not sure if the AST still valid because she haven’t pay previous landlord for 5months before he decide to sell the house. No deposit.

I didn’t serve s21 as the tenant already agreed to move out at the beginning when I introduced myself as new landlord. And because she don’t want to sign new agreement with me, I tot I can’t serve any notice. But now after 2 months, she suddenly didn’t want to move out😩

I didn’t have any training as landlord. I bought the property thinking I will get some money or move in to the property without realising I’m now facing much bigger problem. What should I do now? Just so I can have the house back at least? Without the needs to spend more money. Can I serve s8 or s21 notice?

[jpkeates]

Is the AST still in order when she already have problem with rent paying before i bought the property?

Yes, the AST and the tenant's rights are not affected by the non payment of rent.
You can serve notice as per the details in post #3.

While I can understand that you don't wish to spend any money evicting the tenant, you clearly have no idea what you are doing and not using a professional service is likely to be more expensive in the long run.
It takes months to remove a stubborn or desperate tenant when everything is done properly.
It can take much much longer if things aren't done properly.

[Hudson01]

. Is that possible to ask her to move

You can ask her to move out..... to bake you a cake....... to stand on one leg ! But she can refuse all 3 requests.

You will not get out of this without spending some more money, get a professional in and get her out, you are way out of your depth here and she will run rings round you. The previous landlord pulled a fast one and found someone who did not complete due diligence, and you will pay the price for that.

There is no good news here, get someone in who knows what they are doing or you will pay more in the end.

[theartfullodger]

theartfullodger,

Not sure if....

Educated at Eton (re your name) just as was the glorious leader the treasonous Johnson please?

What jpk said ..