Holiday let eviction

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    #16
    Originally posted by Holiday_Let_2019 View Post
    Ok so not very promising then. I have one room spare in the house which i didnt let and put my stuff in there and thought that could ensure the tenants dont have ' exclusive access'

    So, come next satruday lets say, I take the keys etc. what could she possibly do? WIll it become a police matter ?
    That is not going to help you. And yes it probably will become a police matter. It is however possible that you could move into that room yourself now - I cannot see what is stopping you from doing that -- and you probably must do that having thought about it.

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      #17
      Originally posted by Holiday_Let_2019 View Post
      So, come next satruday lets say, I take the keys etc. what could she possibly do? WIll it become a police matter ?
      While what you would be doing is a criminal offence, the police are unlikely to want to be involved unless there's a breach of the peace.

      Your problems are more likely to come from the local authority and the tenant taking legal action.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        The police are only interested in preventing a breach of the peace but no doubt tenants will take advice and bring a case against you for illegal eviction.



        Freedom at the point of zero............

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          #19
          Your best course of action is as pp said, and offer them money to leave. I would start at 250. 10k is ridiculous, you would be better spending that on solicitor fees.

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            #20
            OK a little bit more complicated than i thought. The girl is a professional, I dont suppose she has intention of sitting on my property. I will speak with her and settle try to settle this more amicably.

            I do have end dates in all my agreement, I thought that is it.

            But all thanks a lot for the responses, it is very helpful. Great forum. I will keep you all posted on how I get on with this.

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              #21
              Originally posted by jpkeates View Post
              Could you explain that point?

              There's no wording required to create an AST.
              There's no need for anything written at all.
              It looks like I have it wrong. It is only pre-1996 Housing Act tenancies that need to be explicitly identified as shorthold. I think the standard wording about the intention to create an AST is a hangover from that.

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                #22
                Why can't you move into that room?

                (on what Jon66 said -- I am afraid if this goes pear shaped, the combination of solicitors fees, unpaid rent, and damages, and problems with insurers and mortgage providers -- is going to cost a hell of a lot more than £10K. So yes, if you go that route you will start low and negotiate upwards -- but 10K might be a good deal).

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                  #23
                  All she has asked for so far is an extension until the end of the month - it's best to be amicable and agree to that, before she starts trying to work out what the legal position actually is.

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                    #24
                    Originally posted by AndrewDod View Post
                    ... vote wisely.
                    Indeed. Bear in mind that if you vote for the Eton Mafia that they are not interested in small time investors. As part of the Golden Age they will argue that BTL is being subsidised by the tax payer via benefits. They will form a corporation to which all social housing is transferred by Act of Parliament and then sell it off at a nice discount to their cronies. The discount will be such that the corporation will be able to undercut BTL. Prices will drop and the corporation will pick up a lot of otherwise unsellable property cheaply. Unlike Thatcher, they will privatise residential letting properly.

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                      #25
                      yeah spoken with her and we have an agreement that she leaves end of the month, her work finishes here. She turned out to be a smart cookie.
                      Anyway, as i intend to continue to do this, what permissions do i need to get from local authorities ?

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                        #26
                        Originally posted by Holiday_Let_2019 View Post
                        as i intend to continue to do this, what permissions do i need to get from local authorities ?
                        You need to make your mind up what you are letting the place as, get some training, and start acting in a professional manner.

                        If you are going to have unrelated people living there (who didn't know each other previously) then it's not a holiday let. - No matter what you write on any piece of paper.
                        It would be a strange holiday where you are sharing a house with people you don't know.

                        They will be tenants, not holiday makers, and so will come under the full legislation for tenancies.
                        You will find that also affects your insurance and any mortgage that you may have.

                        With 3 unrelated people in there it will also be a small HMO - and so may or may not need a licence, depending on your councils rules.
                        Even if you don't need a licence there are more safety measures that you have to take for a HMO.
                        You will find that also affects your insurance and any mortgage that you may have.

                        If you are genuinely going to use it for holiday letting then you may need planning permission for a change of use.
                        You will find that also affects your insurance and any mortgage that you may have.

                        And of course whatever you do don't forget to declare your extra income to HMRC.

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