How to proceed when the tenant wants evicting?

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    How to proceed when the tenant wants evicting?

    Hi this is my first post so please be kind.
    I am the landlord of a house that has had the same tenants in since July 2017 on a 6 month AST that has rolled on.
    (Married couple) the husband has left and stopped paying the rent,the wife has no income and cannot afford to stay.
    She has asked me to issue a section 21 notice so she can be re-homed by the council.
    I'm worried as it sounds simple, but then a lot could go wrong.
    1, I don't think I'll be able to serve notice on the husband as he's not living there.
    2, Her position may change should the council not be forth coming with a property.

    I'm intending to give 3 months notice so she is still there for Xmas, I'm not bothered about the rent arrears should they
    leave as agreed.
    Couple of notes, the deposit is with DPS and the gas cert is up to date, I have been waiting for them to vacate as the sale
    would help with my planned retirement.

    #2
    HERE IS A ROUGH ROUND-UP - more experienced posters can provide the ins and outs and correct bits.

    The Council wont consider her for housing until she has either left or (basically) has been evicted by bailiffs.

    They will tell her to stay until she is evicted - which takes a lot of time and if I was you I'd be looking toward February IF you issued S21 etc today.

    Then, even then if she's single and without kids then she isn't going to be given a council property..

    She may get housing allowance to find a room in a house share or a 1-bed flat (if over 35 I think) but wont get one anyway for what ££ she gets.



    My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

    Comment


      #3
      Welcome to the forum.

      If they're joint tenants, your best outcome is for the husband to serve notice, which ends the tenancy for both of them.
      The husband should want to do that to stop incurring more debt.

      If you do serve a section 21 notice and the council ask you why, the tenant will not be supported in the same way, because she will have deliberately made herself homeless.

      If you do serve notice, I would wait until two months rent is owed, and serve notice under s8, not s21.

      If you are not familiar with the process, I'd pay a specialist to help you if you can afford it.
      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).

      Comment


        #4
        What would be an acceptable form of notice from the husband, would a text message be ok?
        I can't see him putting it in writing and posting it.

        Comment


          #5
          Originally posted by Richard777 View Post
          What would be an acceptable form of notice from the husband, would a text message be ok?
          I can't see him putting it in writing and posting it.
          He's liable for all of the rent until the tenancy ends, so it's very much in his interest to do so.
          That's probably not what he thinks is the case, as people don't generally understand joint and several liability.

          If the remaining occupant has no money, you'd pretty much have to pursue the husband for the entire debt as a matter of practicality.
          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).

          Comment


            #6
            Tenant wants to make themselves "intentionally homeless".

            Why should they get priority (for council help) over other tenants owing rent by giving them s21 rather than s8 for arrears?
            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


              #7
              The T would still be entitled to UC & LHA - you should minimise the debt. It will soon mount up as well as costs court, and bailiffs.

              Comment


                #8
                Of course you would not cooperate with eviction until all rent is paid. Proceed instead to a court moneyclaim for the debt.

                Comment


                  #9
                  I’m more keen to get vacant possession than a couple of months unpaid rent.

                  Comment


                    #10
                    Originally posted by Richard777 View Post
                    I’m more keen to get vacant possession than a couple of months unpaid rent.
                    How about the more likely 11 or 12 months of unpaid rent + damages.

                    Comment


                      #11
                      Thanks Andrew but that doesn’t answer my question. I’ve been renting properties now for over 30 years and I’m fully aware of the pitfalls, thankfully in all that time I’ve never had to evict anyone.
                      The question is how should I proceed.
                      I want the property back to sell.
                      The tenant knows she cannot stay but cannot afford a market rent now she’s single (at 50 ish)
                      She is hopping I evict her, I know I need to do this correctly.

                      Comment


                        #12
                        Originally posted by Richard777 View Post
                        She is hoping I evict her, I know I need to do this correctly.
                        I would focus on the husband to resolve the situation.

                        Send a letter before action for the rent that is currently owed, pointing out that he is liable for the full amount of the rent (as is his wife) and that you will proceed with legal action to recover.
                        Remind him that while he (or his wife) don't serve notice, the debt will continue to accrue and you will persist in legal action to recover the money.

                        Hopefully that will result in him serving notice, so that you don't have to (although you may still need to go to court to remove the remaining occupant).
                        You may have some issues getting the husband to serve valid notice - it needs to be pretty bulletproof.

                        You might point out to the wife that if you do have to evict her, you will be compelled to use section 8 notice, which will result in both the local authority having no obligation to home her immediately and a ccj.
                        She should go and talk to the council as soon as possible, before everything really hits the fan.
                        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).

                        Comment


                          #13
                          I would remind the husband that he's equally liable for the rent which is increasing every month it's unpaid - he "may" choose to help his (ex)wife find somewhere else just to save him £££ ie get her on an AST somewhere (or a house share) in her name only.

                          The Council will just tell her not to move until she's actually evicted by Bailiffs so I'd hold off from telling the Council for now - the less interference from them (purely looking after their own interests) the better.
                          My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                          Comment


                            #14
                            Originally posted by Richard777 View Post
                            Thanks Andrew but that doesn’t answer my question. I’ve been renting properties now for over 30 years and I’m fully aware of the pitfalls, thankfully in all that time I’ve never had to evict anyone.
                            The question is how should I proceed.
                            I want the property back to sell.
                            The tenant knows she cannot stay but cannot afford a market rent now she’s single (at 50 ish)
                            She is hopping I evict her, I know I need to do this correctly.
                            It does answer your question - which was (if there was a question at all in your OP) whether your should proceed to issue notice (correctly or otherwise). My answer was absolutely NOT while there are rent arrears (which will accumulate) when they want you to serve notice.

                            Instead do as jpkeates suggests and insist they serve notice to leave while taking legal action against husband.

                            Not getting the answer you want is not the same as not getting an answer.

                            Comment


                              #15
                              I was in this situation recently and the standard NTQ templates I was able to find aren't quite worded appropriately as they assume a single tenancy. You need him to make clear that he gives notice that the joint tenancy for A & B at premises P will end on date d, (end of a rental period at least a month hence).

                              Comment

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