Tenant will not move out or pay rent

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    Tenant will not move out or pay rent

    Hi Forum;

    My first post here, due to issues with a difficult tenant.

    I have rented my property to the tenant since June 2007, I have been travelling and wanted to help cover my mortgage whilst away. I am still overseas .

    I knew I would be moving back this April and so made the tenancy 10 months to end on 31st March. I indicated to the tenant repeadtedly in the last few months that I will need to move back in this April.

    He has indicated though that he wants to stay on in the property until May, but I do not have anywhere to live in London other than my house and I need him out by mid April. I start a new job a week after I get back and need my place.

    I sent him an email in february that I wanted him out by 7th April, he has since replied telling me that I needed to give him 2 months notice (I thought it would be one) and that it needs to start on a bill date, so now he is threatening to stay on until 1st June!!

    On top of this he has not paid this months rent, apparently he is 'struggling' this month.

    I'm at my wits end, I cant believe that I can not move back into the property that I own and have put so much money into.

    What can I do?, how can I get him to move out as required by the contract and how can I get him to pay this months rent.

    yours desperately

    Pete

    #2
    After the 31 march yes you do have to give 2 months notice (via section 21(4)(a) to end on a day before the rent is due. Before 31 march You still have to give 2 months notice but it doesnt have to end on any special day just use a section 21(1)(b) give 2 months notice plus 2 working days for service and send 1 with proof of postage and 1 by hand.
    If the tenant still does not move out on set date you have to apply for a court hearing.

    Get the section 21 done ASAP

    You could try a debt collector to try to chase the rent some people on this forum do and get results.

    You should have served a s21 a lot earlier into the tenancy to end at the end of the tenancy

    Comment


      #3
      I'm not sure I understand, I'm not expert with the tenancy sections (as you can tell I am not a proeffesional landlord).

      Is there anyway I can get him to move out when I need, or is the 1st June really the soonest I can have him move?

      I'm hoping that becasue he has not paid his rent means he is intending on moving sooner and using the deposit as rent. This concerns me though as I have no idea what condition the house is in, I have a full inventory but how can I have him pay costs for damages etc if he keeps the rent as his deposit?

      Comment


        #4
        By my calculation you can have him out by 12 May.


        You may have to pursue him through the courts for damages.
        The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

        Comment


          #5
          Is it 12th May because the original agreement has not ended yet (i.e. 2 months from today). Is it true to say then only 2 months are required if I give notice on a day after the original agreement has ended? I need to convey this to him somehow so that he understands.

          I did give him notice in februay for 7th April, but on 19th Feb, would this not then automatically become a 2 month notice, so he would need to move out by 19th April?

          I was worried I would not be back in my place until June, though I'm still homeless for a month! I will get my dad to send him a letter tomorrow just incase, or will an email suffice?

          Another thing I'm now worried about since reading some other posts is the deposit protection scheme, I've never heard of theis before, is it something I need to worry about?

          Comment


            #6
            Yes. Looks like you'll have rented your house out for free to him.
            The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

            Comment


              #7
              Originally posted by Peter Smith View Post
              Another thing I'm now worried about since reading some other posts is the deposit protection scheme, I've never heard of theis before, is it something I need to worry about?


              YES!

              If you have not complied with the Deposit protection Scheme, then you have lost your right for the time being of using a S.21 notice, until such a time as the deposit is protected.
              Also, your tenant will have the right to sue YOU for 3 times that deposit.

              Comment


                #8
                3 times the deposit!!!!!!! This seems ridicoulus!

                I can't believe this, looking into the deposit scheme thing right now. Will I still be able to be sued once protected?

                Comment


                  #9
                  You could always bribe the tenant to leave early

                  Comment


                    #10
                    Originally posted by Peter Smith View Post
                    I can't believe this, looking into the deposit scheme thing right now. Will I still be able to be sued once protected?
                    There is nothing within the 2004 housing act that says you can't. But I doubt it has been tested as yet.

                    If I were you, I would be bending over backwards to fit in with my tenant, let them leave when they want and pray they don't catch on to the fact that the deposit has not been protected.

                    Comment


                      #11
                      Originally posted by Colincbayley View Post
                      If I were you, I would be bending over backwards to fit in with my tenant, let them leave when they want and pray they don't catch on to the fact that the deposit has not been protected.
                      Indeed - and the fact that your tenant clearly knows his rights about being given notice would indicate he's reasonably clued up.... get that deposit protected pronto.

                      Comment


                        #12
                        In fact I wouldn't be at all surprised if T already knows that LL should have protected deposit and is keeping the 3x deposit penalty "up his sleeve" to use as bargaining power.

                        Is this the clearest demonstration yet of the need for letting agents in some cases?

                        Peter

                        Comment


                          #13
                          Hello again,

                          So, here's my update on the last few days, It's been difficult as I am not in the UK.

                          I spoke with a solicitor friend who recommended I not protect the deposit, as this would notify the tenant that I hadn’t protected it in the first place.

                          I tried to be reasonable with the tenant and spent the last few days sorting out alternative digs in London for April. I contacted him to say this and said that I could let the lack of rent slip for March, and also that I expected him to pay rent pro-rata for any days he spent in the house in April. My friend also suggested I ask the tenant to sign a letter to agree to be out by 1st May.

                          It looks like Peter was correct, the tenant immediately emailed back threatening to take me to court for the 3X deposit, unless I let him stay in the house for free in April.

                          This really sucks, I'm having to pay for expensive digs for a month as well as not earning rent for the month. He is still in MY HOUSE and there doesn’t seem to be anything I can do about it. It doesn’t seem particularly fair!

                          Any suggestions anyone?

                          Peter

                          Comment


                            #14
                            You could always return the deposit now, and then insist he pays all rent due and damage at the end of the tenancy or you take him to court. And have him for blackmail regarding 3X deposit.

                            I think asking for the letter is clutching at straws as he could still stay and there is nothing you could do.
                            All posts in good faith, but do not rely on them

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                            Comment


                              #15
                              Thanks Bel,

                              He has already withheld rent for March, if I send him the deposit back then I will be even more out of pocket, seems like a big risk to take.

                              Interested in the blackmail thing as that is how I feel I am being treated, though very nervous about taking someone to court for this, seems like a serious accusation and possibly quite expensive. I'm not even sure what blackmail is to be honest, always thought it was to do with seedy politicians.

                              Also, he sees it as 'bargaining'.

                              I think I will use a letting agent in future

                              Peter

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