How to evict professional tenant?

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    #16
    If your tenant is claiming housing benefits and is more than 2 months in arrears you can apply online to have the housing allowance element of his benefits and an allowance for arrears paid direct to you. You can do it quickly online.

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      #17
      Turbine Terry Thank you very much for all your advice.

      I didn't ask for any deposit because he was living on benefit with young kids. One of the reasons that I rented my house to him because I didn't want my house to be empty while I was away.

      I don't think this T will surrender easily. He got a big cheque from his previous landlord, and he wouldn't give up so easily. As an experienced tenant, how come he didn't know that there was no gas certificate, EPC report in the beginning? He didn't mention that at all. If he asked, I would have known that I still have the obligations even though I rented this house as is.

      Thanks for your advice and I will not evict him illegally. He is waiting for me to make any more mistakes in order to sue me in the court to get money. I will get ready to hand my case to an eviction specialist. I have wasted time with standard solicitors trying to go to Section 21 route in the past few months.

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        #18
        One question I have here. If I signed an AST only with the tenant, how many people can live in my property? For examples, if he has a big family that he didn't tell me, is the AST still valid? Thanks.

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          #19
          Originally posted by CharlesRiver View Post
          I don't think this T will surrender easily. He got a big cheque from his previous landlord, and he wouldn't give up so easily. As an experienced tenant, how come he didn't know that there was no gas certificate, EPC report in the beginning? He didn't mention that at all. If he asked, I would have known that I still have the obligations even though I rented this house as is.
          Are you joking? The onus is on you, the landlord, to make sure you are complying with all your legal obligations. It is not the responsibility of the tenant to tell you what you ought to be doing. Furthermore, it is not in the tenant’s interest to tell you what you have failed to do as without that GSC and EPC issued at the start of the tenancy it has taken the Section 21 from the table.

          You didn’t need someone to read over the tenancy agreement. All you really needed to do was use the free model AST from the government instead of trying to get clever to pass your obligations regarding maintenance abc repairs on to the tenant.

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            #20
            Originally posted by DoricPixie View Post

            Are you joking? The onus is on you, the landlord, to make sure you are complying with all your legal obligations. It is not the responsibility of the tenant to tell you what you ought ….
            I am not joking. I accepted his application even though I knew he was living on benefit. I didn’t ask him for any deposit because I knew he didn’t have a lot money. The fact was that I didn’t know that gas certificate and EPC were the obligation. I didn’t skip them because I didn’t want to do. I treated him nicely, and thought he was a normal tenant, but didn’t know he is a nightmare. I could have that done after I realized those things are missing. However, he never let us access to the property after he moved in.

            It is not important that those things were not done. What happened already happened, and I can not change anything. I have said I was stupid that trusted people so much, didn’t have the knowledge for being a landlord in the UK, and didn’t do the diligent work for background check. It was my fault.

            I will get rid of this tenant, no matter what price will be. He will get 0 penny from me unless the court orders.

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              #21
              Originally posted by CharlesRiver View Post
              I don't think this T will surrender easily. He got a big cheque from his previous landlord, and he wouldn't give up so easily. As an experienced tenant, how come he didn't know that there was no gas certificate, EPC report in the beginning? He didn't mention that at all. If he asked, I would have known that I still have the obligations even though I rented this house as is.


              This guy was probably extremely happy that you didnt provide a GSC & EPC etc .
              This guy is a professional tenant , his intention was to stay in your property for as long as possible without paying and he would have been jumping with joy knowing that you hadn't provided the necessary documents needed for an eviction .
              Why would he tell you to get a GSC when it would be detrimental to his situation ?

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                #22
                davetg,

                Thank you very much for your advice, I will do a research to see how I can get it done online.

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                  #23
                  Luke,

                  Yes you are right.

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                    #24
                    Originally posted by davetg View Post
                    If your tenant is claiming housing benefits and is more than 2 months in arrears you can apply online to have the housing allowance element of his benefits and an allowance for arrears paid direct to you. You can do it quickly online.
                    Arent the tenants just as easily able to reverse that and get the HB money paid directly back to them again ?

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                      #25
                      Originally posted by CharlesRiver View Post

                      Thank you very much for your advice, I will do a research to see how I can get it done online.
                      Have a look here:-

                      https://www.gov.uk/government/public...ears-deduction

                      Comment


                        #26
                        davetg,

                        Great! Thank you very much!

                        Comment


                          #27
                          Originally posted by CharlesRiver View Post
                          One question I have here. If I signed an AST only with the tenant, how many people can live in my property? For examples, if he has a big family that he didn't tell me, is the AST still valid? Thanks.
                          Yes the AST is still valid.

                          As for how many people can live in the property that depends on landlord licensing rules in the local council…if any.

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                            #28
                            Movig forward, speak with a specialist eviction company on your next steps as they will read all the documents you have presented etc and work out a plan of action.

                            In the meantime you should also try and get any housing payments paid directly to you, and send the T an statement each month of the arrears and payments, you will need this as proof of arrears etc later, and any money claim you make, get the council on your side, as well as, by having a conversation of the situation and your evidence of damage the T is causing to avoid eviction etc.

                            Comment


                              #29
                              Originally posted by davetg View Post
                              I love the euphemistic text on that page:
                              If a tenant is having difficulty paying their rent,
                              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                              Comment


                                #30
                                Just wondering , in cases like this , what would happen in the LL went bankrupt and couldn't afford to evict the tenant ?

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