Eviction advice

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    #16
    It is most definitely allowed.
    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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      #17
      @ba_baracuss I've been in a similar situation in the past, and went through the formal way of evicting a tenant.

      Just giving you an overview of what could happen. In the worst case, if you decide to follow the formal process of eviction, you could be stuck for several months until there's a hearing. In the hearing she can apply for an extension - another 3 months. Only then you'll be able to apply for a writ (another month or so) - the right to get the baillifs in the story. The baillifs could cost over £1000 (do a bit or research), or you could wait for the county court baillfsw. Factor in your stress, having to go to court, the time you'll invest into this. Also, she'll not be happy she's being evicted and will have a CCJ and may treat your property accordingly.

      I'd consider mentioning to her that you need the flat back, and offer her some cash to hand you back the keys, move out and forgive her debt. But only giver her money once she's out and keys in your hands!

      It's up to you to assess what the situation is, but it may be better to cut your losses now than to wait several months until she's out. If there's no guarantor and she is one of these people who don't care about her credit score / CCJ / bankruptcy it's likely you'll never see your money back.

      Try and get in touch and speak with her first, assess the situation. But consider all strategies to move on quickly...

      Comment


        #18
        As you have indicated that the lady may be mentally vulnerable, perhaps write to her advising that you plan to undertake an inspection on xx/xx and wish to check that she is coping OK.

        Contact the Police and let them know you have concerns about your tenants mental wellbeing - be honest with them about the debt and lack of contact etc - and explain that you have indicated to the tenant your plan to visit on xx/xx at xx time.

        The Police will pay her a visit to check on her as part of their duties - but if you are lucky, they will agree to visit when you do (but obviously if other things come up they cant).

        You (and the Police) get to see the Tenant and you hopefully get to see inside the property. If Tenant refuses access, you can refer to Police being there if you have to show in court that you'd tried to gain access.

        Comment


          #19
          Thanks all for your advice.

          With regard to naive's reply, cash for keys is something I would consider, but she is not contactable. She changed her phone number, does not answer the door and ignored an informal letter I sent.

          landlord-man that also sounds good but I'm not sure if they would allow me to visit when they do. I may contact them to ask though, thanks. I would imagine if they visit without me, they wouldn't give me any details of what they found?

          I understand all of the paperwork that is necessary to get rid of squatters like this, and if it comes to court there is no way of proving that all paperwork was provided, so I am sending copies of everything such as gas test, deposit protection etc, and adding a covering letter asking her to get in touch and explaining that I will begin eviction proceedings if she does not. I'll send it recorded delivery.

          Also, WRT universal credit - she gets this and is obviously keeping it all. Do I have any recourse with the council about this? I should be getting that money, not her.

          Comment


            #20
            ba_baracuss

            If she gets UC, you can apply on line for Alternative Payment Arrangements/Managed Payments to Landlord of the Local Housing component of her UC. Go to:

            https://directpayment.universal-credit.service.gov.uk

            You'll need to know your tenant's date of birth.

            The form is easy enough to fill in. I wouldn't have high hopes of a positive outcome, or indeed any response whatever from UC, having done this myself and got nowhere. UC will be alerted and contact your tenant to find out what's happening and ask her some awkward questions. But she holds veto over any direct rent payments, which is where all the problems lie with this crazy system.

            Go for it, and good luck.

            In tandem with this, I personally advise you to put about £2K of money aside and contact a reputable eviction specialist to agree the best strategy of what to do.

            Comment


              #21
              ba_baraccus
              So my tenant stopped paying her top up of £40 per week back in December 2019. Eventually I served her a section 8 with all required accompanying documents.
              Complete waste of time !
              She went straight to the council and they told her to ignore it. Told her l have to take her to court.
              Well done council !
              She moved out of her own choice to live with her new girlfriend. The council stopped paying her housing benefit instantly when l told told them she had moved out.
              The perfectly able bodied none working, knows every trick in the book parasite is continuing to pay the council tax, presumably in case her relationship ends and she can then move back in to my flat.
              To date it owes me over £4200 !
              Hey ho no problem.
              The council the law and every other interfering body are always on the tenants side, us landlords don’t have a leg to stand on !
              So ba _baraccus l think you’re in for a very expensive and stressful future and it’s highly likely that yourself, l and many others will continue loosing a small fortune.


              Comment


                #22
                Originally posted by Robert694 View Post
                She went straight to the council and they told her to ignore it. Told her l have to take her to court.
                Well done council !

                The perfectly able bodied none working, know every trick in the book, parasite is continuing to pay the council tax, presumably in case her relationship ends and she can then move back in to my flat.
                To date it owes me over £4200 !

                The council, the law, and every other interfering body are always on the tenants side, us landlords don’t have a leg to stand on !

                So ba _baraccus l think you’re in for a very expensive and stressful future and it’s highly likely that yourself, l and many others will continue loosing a small fortune.
                You clearly speak from experience, and although i have not dealt with this in my LL guise (thank god), i have spoken with LL's as part of my job who are in your position, they too feel that the whole system is against them and i have heard more than a few times that they will never .... ever, rent to anyone on UC again, right or wrong...... it is a thinking that will cause all councils a great deal of problems in the future as more LL's sell up, don't buy more properties and do not rent to those who rely upon social housing/housing benefit.
                Last edited by Hudson01; 12-05-2021, 07:35 AM. Reason: spelling

                Comment


                  #23
                  Originally posted by Robert694 View Post
                  ba_baraccus
                  So my tenant stopped paying her top up of £40 per week back in December 2019. Eventually I served her a section 8 with all required accompanying documents.
                  Complete waste of time !
                  She went straight to the council and they told her to ignore it. Told her l have to take her to court.
                  Well done council !
                  ,......

                  Not well done council so much as well done Thatcher. S5(1) of Thatcher's 1988 Housing Act
                  https://www.legislation.gov.uk/ukpga/1988/50/section/5

                  says...
                  5 Security of tenure.
                  (1) An assured tenancy cannot be brought to an end by the landlord except by—
                  (a) obtaining—
                  (i) an order of the court for possession of the dwelling-house under section 7 or 21, and
                  (ii) the execution of the order,
                  ..etc etcc etc
                  "Execution of the order" is Bailiffs/HCEO. A tenant in receipt of s21 or s8 notice (yes, "section 7" above is correct) can entirely legally ignore it until landlord takes it to court etc etc. Maggie said so.

                  An AST is a variety of Assure Tenancy. It appears someone at t'Council has given her the correct advice regarding HA 1988 (I'd not usually trust a council to give correct legal advice). The same act that permits us landlords to serve s21 or s8 notices.
                  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


                    #24
                    Thanks for the replies again all.

                    WebLand - I don't know her DOB unfortunately. Anything I can do to make her life a little bit more difficult I will do, but without DOB it seems I am stuffed here. The fact they are paid it and can keep it when it's supposed to be used for rent is a joke.

                    I have considered your last suggestion also as this whole thing as others have said is totally biased against landlords and is full of legal tripwires designed to screw us and help them. I'm going to contact my MP and ask why the government (she is a tory) have allowed tenants to be immune from eviction and pay no rent during covid while not covering any of that themselves, i.e. they're making us provide free accommodation at OUR expense. This tenancy was my only source of income until she stopped paying rent since my business has tanked during covid and I've also had 0 government support BECAUSE I am a landlord. Work that one out.

                    Robert694 and Hudson01 thanks guys. My tenant was married when she moved in, had a decent job herself and so did her husband. They were both known to me and were decent - she had lived in my property with her family previously and her husband was known to my dad through work. Since then all of that has changed. I don't even know WHY she has stopped paying rent.

                    I've printed out all of the paperwork required for a valid eviction document and am planning on sending it to her recorded delivery, but before I do that I am considering contacting the police as suggested and asking if they would accompany me on an inspection if she as expected ignores a request that I make to do so. I know she has a staff dog which means I'm not going to be able to enter with my own key. Don't know what their response will be but I'll try so at least I might be able to communicate and find out what's going on. After that I may succumb to paying for specialist advice as I fear any eviction route I take will be scuppered by government/council legal tripwires.

                    Comment

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