Nightmare tenant. Can someone help please

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    Nightmare tenant. Can someone help please

    Hi All,

    I'm new to this so firstly hello everyone. I have a feeling I will be spending a lot of time on here so I'm making myself comfy...

    I have a tenant whose currently under an 'Assured shorthold tenancy' about 3 months ago her DSS claim was put to a stop (reason still unknown) her children got into some bother with some youths locally who decided to smash the windows of my house since then she has vanished and not been back. She made a homeless claim with the council who rejected this because they want her to go back to the house.

    I've liaised with the council who have no intensions in helping me to be fair its just whatever suits them best. I've tried to call the tenant but everything that comes out her mouth is nothing but lies.

    She has no intensions of coming back to the house, her items more like nothing but mess is all over the house but legally I cant touch them? I cannot issue a section against her because I have no forwarding address for her and no one is at home to accept any mail?

    I need this woman out the house ASAP, rent arrears are now over £2000, never has this problem before and need some advice please? can someone recommend a reliable firm who can deal with this at a reasonable cost?

    Thank you in advance.

    #2
    Kindly answer
    https://forums.landlordzone.co.uk/fo...ll-new-posters

    Presumably you have served s8 notice(s), hopefully several: (Which grounds, please?). Any reason you have started court eviction proceedings yet, please?

    Unlikely any judge will evict before next year. Be aware timescales if tenant digs heels in are typically 40+ weeks...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by theartfullodger View Post
      Kindly answer
      https://forums.landlordzone.co.uk/fo...ll-new-posters

      Presumably you have served s8 notice(s), hopefully several: (Which grounds, please?). Any reason you have started court eviction proceedings yet, please?

      Unlikely any judge will evict before next year. Be aware timescales if tenant digs heels in are typically 40+ weeks...
      afraid not nothing has been done for the last 2/3 months my dad (being as nice as he is) has been falling for her lies that she's coming back to the house and its got on and on so I'm at the point now where I need to start everything from scratch.

      Comment


        #4
        Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
        Englamd

        Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
        Assured shorthold tenancy - 1 mother and 4 children

        Q3 – Wh/a/ date did current TA start dd/mm/yy?
        18/06/2016
        Q4 – How long was initial fixed term (6/12/24 months / other)?
        12 months
        the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
        £550 pcm
        the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
        no deposit received
        relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

        Q8 – Does the landlord live in the same property as the tenant?

        no

        Comment


          #5
          Originally posted by Jazzy_X5 View Post

          afraid not nothing has been done for the last 2/3 months my dad (being as nice as he is) has been falling for her lies that she's coming back to the house and its got on and on so I'm at the point now where I need to start everything from scratch.
          What's your dad got to do with it? Suggest whoever is the landlord (you, dad, auntie Nora..) issues s21 & s8 notices TODAY.

          Was tenant served with (served with rather than you happen to have) EPC, GSC & "How to rent" booklet? If not, serve them today then tomorrow s21 (s21 invalid if these are not served prior).

          Do we assume only she is on tenancy or re any kids mentioned?

          I would also write to her @ the property with notice of inspection at least 24 hrs away then, when expired, go round with camera for LOADS of photos & a witness: If asked to leave do so.

          If she genuinely ain;t living there it is no longer an AST so s21 & s8 not relevant: (But serve anyway in case she is/does live there..)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            It's my dads place so he deals with it but he's very old school he doesn't know the current laws etc and there is NO AUNTIE NORA...!

            Yes EPC GSC have been served. Only she is mentioned on tenancy

            I have wrote to her at property several times for notice of inspection but due to the fact she's not living there, the mail all gets returned.

            The house is empty shes not living there. It has rooms full of clothes all over the floor etc but the place has been trashed. I had a report from a neighbour a few weeks ago saying door was wide open, had to call a locksmith to make the place secure I walked into one room and it was disgusting.

            She wants me to issue an eviction order so she can go to the council to be housed but again how do I serve a notice to an empty house is my question?

            Comment


              #7
              The normal suggestions are:

              Post it from two different post offices, with proof of posting, but no recorded delivery; or

              Put it through the letter box in front of a witness; or

              Photographs yourself putting it through the letter box, with a valid time stamp on the photograph.

              Also, if you have written evidence that she wants to be evicted to be rehoused, give it to the council, as that will show she is intentionally homeless.

              The council are likely to treat her as intentionally homeless if she leaves before the bailiff's arrives.

              See https://england.shelter.org.uk/housi...nally_homeless which includes the case of trying to get your landlord to evict you.

              Comment


                #8
                Originally posted by Jazzy_X5 View Post

                I have wrote to her at property several times for notice of inspection but due to the fact she's not living there, the mail all gets returned.
                Why is the mail being returned? Is their no letterbox for the postman to put it in?

                Comment


                  #9
                  Is she in more than 2 month rent arrears? then s8 g8, 10, 11for repo and enforce the CCJ. The documents noted also need to be provided with s21.

                  Comment


                    #10
                    Thank you for all the advice everyone.

                    I have posted notices through several methods as listed above so I have my back covered.
                    She isn't living in the house yet refusing to go, I called her a few days ago but turned into a slagging match. shes a genuine "scrubber" to put it the nicest way possible. Refusing to sign any papers has absolutely no care in the world, I'm getting no rent at all just because the council are filling her ears because they don't want to house her anywhere its causing me no end if issues.

                    who ever invented these laws .....................

                    thank you all for your advice.

                    Comment

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