Rent arrears, tenant refuses to leave; how should I proceed?

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    Rent arrears, tenant refuses to leave; how should I proceed?

    Hi all I will try to be brief but basically I am trying to deal with a Tennant that won't leave and hasn't paid any rent since May! We have a solicitor involved and went to court once to serve the correct papers to her, the judge threw it out and we had to start the whole process again as the tennant had tippexed out the address on her copy of the correspondence, we did have our own copies but the judge still said that we would have to start again!!!! We are still waiting for another court date 4 weeks on as the mortgage companies are taking priority with reprosessions - of which we might end up being one of them whilst not getting any rent and paying a mortgage We wish to serve this tennant with a CCJ to make their life a little harder on getting credit etc in the future but when do we serve it? Do we wait until they leave or before and risk them trashing the place. We are very frustrated that in this day and age we own a property, have someone living there past their contract and owing us money which we will probably never see, and still can't do anything about it.We went round on the day they should have been out and they just said 'you will have to go through the proper channels to evict me, end of conversation'. We can't get in to check the property or anything.....any advice appreciated
    Thanks

    #2
    Sorry to hear of your troubles, hope it works out ok.

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      #3
      Hrm are they on housing benefit? if so get it paid to you directly by contacting the Housing benefit department.

      Show's the importance of properly serving notices to. Was your solicitor involved with the drawing up of the notice and its service?
      ****************************************

      If you are unsure about what to do seek professional Legal advice.

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        #4
        yes we have just found out that housing benefit is being claimed.........and yes the solicitor has been involved with serving all notices, even had a barrister with us in court !!!!

        Comment


          #5
          Non-paying tenants

          Very sorry to hear about your troubles - sounds worse than my situation, although it has hit me hard financially too. The tenants erasing the address from the notice? It just shows how shifty some people can be. I'm surprised the judge threw the case out of court because of that. Surely there would be sufficient evidence to support your case and surely the judge would see through that? Afterall, he/she would be dealing with similar cases every day. My guess is that these tenants know how to play they system and no doubt they have done this before. If they can do one little thing that will buy them an extra few weeks/months free rent, they will do it.

          My solicitor asked the judge to give my lodgers a CCJ for failure to pay the rent. Being on housing benefit, I doubt I will see the money but it might just make finding alternate accommodation harder - unless the council give them a council house - which could be what your tenants are waiting on.

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            #6
            Finally got hold of solicitor today who advises we should have a court date within 7 days to get a posession order but the bailiffs are running 6-8 weeks behind. This eviction process has taken 10weeks already, the tennants contract ran out last month and she is taking the absolute mickey by staying in a property she hasn't paid rent on in 6 months and is claiming housing benefit!!!

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              #7
              I am shocked to learn that a simple application for a posession order be it under section 8 or 21 was thrown out by a judge when submitted by a solicitor AND a barrister was in court to remind the judge of the law in this respect. What an incredibly expensive way to get the treatment usually meted out to a landlord who brings his own case! While I have no way of knowing why your professional legal team got it so wrong when the grant of the required possession order should have been mandatory, one does wonder how important advice often given to landlords on this forum is always to use a solicitor who is familiar with landlord & tenant law, like our board experts and advertisers. This must also apply to barristers, but the solicitors to whom I refer above will know who these gentlemen are.

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


                #8
                mmmmmmmmmm

                Wouldnt it be good if you knew someone who would drag them out by there hair and boot there backside?

                Comment


                  #9
                  Originally posted by TheYoungLandlord View Post
                  Wouldnt it be good if you knew someone who would drag them out by there hair and boot there backside?
                  No. It wouldn't help at all.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Get the housing benefit department to pay you directly. Anyone with a tenant who has more than 8 weeks of arrears should see if the tenant is claiming HB and get it paid to them.
                    ****************************************

                    If you are unsure about what to do seek professional Legal advice.

                    Comment


                      #11
                      Absolutely right - the council will protest a bit but if you show them you know the law they cannot refuse. Your tenants will then get really angry cos you have "stolen" their beer/holiday money!
                      Unshackled by the chains of idle vanity, A modest manatee, that's me

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