I Want To Evict My Tenant

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    I Want To Evict My Tenant

    We rent our house to tenants on a 12 month fixed term Shorthold Assured Tenancy Agreement which was due to expire on the 30 June. We issued the HA 21 (Assured Shorthold Tenancy : Notice Requiring Possession : Fixed Term Tenancy subject to the Housing Act 1988 Section 21(1)(b) form to them in April as required giving them the 2 months notice.

    They are now trying to get a council house but the council have said they can only get one if they are evicted. We said we didn't feel that we could do that as at the time (last month) we didn't have the grounds to do so. Their last months rent was due today 1 June and they haven't paid it and are now refusing to pay it and said they will not leave on the 30 June.

    Do you have any idea what I can do next? I don't know a great deal about tenancy laws and hoped you could advise.

    We feel they are trying to blackmail us into issuing an eviction notice. Do you know if we are within our rights to enter after the 30 June and change the locks? Or can we contact the utility companies to ask them to cut off the supply?

    Thanks for your help.

    #2
    You can't change the locks. That's called illegal eviction and you could be fined heavily.

    The non-payment of rent has nothing to do with the utilities. If you pay the bills and try what you suggest, that is harrassment, which you can also be fined for.

    You can evict them without a reason with a Section 21. The court won't ask for a reason.

    Explain to your tenants that the council are unlikely to house them if they have rent arrears, as this is seen as making themselves intentionally homeless.

    Try to work with the tenants on this. You may not agree with what they are doing, but get into a conflict and you could end up several 1,000's worse off, with very little chance of recovering the money.

    Comment


      #3
      how do i get a Section 21 notice? how much will it cost me? we have already told them about the 'intentionally homeless' thing but they are ignoring it. The tenancy ends offiically on 30 june can i issue this section 21 notice before then?

      Comment


        #4
        Originally posted by reddragon
        how do i get a Section 21 notice? how much will it cost me? we have already told them about the 'intentionally homeless' thing but they are ignoring it. The tenancy ends offiically on 30 june can i issue this section 21 notice before then?
        Seems you may have done this already

        Originally posted by reddragon
        We issued the HA 21 (Assured Shorthold Tenancy : Notice Requiring Possession : Fixed Term Tenancy subject to the Housing Act 1988 Section 21(1)(b) form to them in April as required giving them the 2 months notice.


        Once the S21 notice expires you will need to go to Court and obtain a Possession Order.
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Originally posted by Worldlife
          Once the S21 notice expires you will need to go to Court and obtain a Possession Order.

          Sorry to but in on this thread but I am in similar position with S21 issued to tenants in April with expiry on 30 June.
          Tenants are pushing for council house but I suspect the council will require the tenants to be evicted.

          How long roughly will this possesion order take? As I have sold the house STC and need the tenants out to complete.

          Many Thanks

          Comment


            #6
            You said
            Originally posted by reddragon
            We issued the HA 21 (Assured Shorthold Tenancy : Notice Requiring Possession : Fixed Term Tenancy subject to the Housing Act 1988 Section 21(1)(b) form to them in April as required giving them the 2 months notice.
            And then you said
            Originally posted by reddragon
            how do i get a Section 21 notice? how much will it cost me? The tenancy ends offiically on 30 june can i issue this section 21 notice before then?.
            Are you genuinely confused?

            Comment


              #7
              Yes I Am Genuinely Confused And Need Advice. We Are Also Trying To Sell Our House And It Is Up For Sale By Us Privately. If They Take Down The For Sale Sign As Well Can We Do Anything About It? How Do I Get A Possession Order And How Much Is It? Thanks.

              Comment


                #8
                I'll try and make it simple for you to understand:-
                1. All the information you require as well as the forms can be accessed and downloaded from www.courtservice.gov.uk
                2. Information concerning the tenant's rights can be accessed from www.odpm.gov.uk/housing although this has been renamed www.conservation.gov.uk/housing so try both.
                3. Your service of your S.21 Notice just means you have told your tenant you want the property back, but as your tenant has not moved then you must obtain a warrant of possession by instigating court proceedings as above. The cost is £150 I believe, and you use what is called the "Accelerated Possession Procedure" (APP). You can get further advice on what to do from your local county court. You can do this from 1 July but not before, so you will ahve to wait a month.
                4. No tenant can be evicted without a court order (warrant of possession). Anybody applying to a council for accommodation will not be entertained by them unless they are being made homeless, and only the courts can do that.
                5. After you obtain a warrant your tenants might well be advised to wait until you instruct the bailiff (another £90) to evict them, at which stage the council will miraculously find them a home.
                6. The judge should award the cost of the court action against the tenants but won't deal with any rent arrears, but you can ahve this included if you go throught the normal "fixed date procedure" which takes longer than the APP. You are unlikely to recover the appointment of a bailiff, but if you look at some of my other threads about recovering possession without the use of a bailiff then you will have to do a search using the keywords "without a bailiff" or similar.
                7. I can't say how long all this will take but your local court are the best people to give yout his information. It depends where you live and London Boroughs are the slowest
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Hi that is a big help. Thank you. I am so upset. They have had the cheek to go into the local housing office today to say we have been harrassing them. I told the housing woman what had happened and she didn't know they weren't paying rent and didn't want to know that they were just doing it to get a council house. It seems they can say what they like and get loads of help and advice for free but the landlords have to pay a fortune to gain possession back of their own property. Totally unfair.

                  What about employing private bailiffs to gain entry and change the locks?

                  Also we are trying to sell the house and have put a private for sale board up which they have removed and they will not now let us take viewers round.

                  Any advice? thanks again.

                  Comment


                    #10
                    hi,
                    you still have to get the possesion order from the court before entering the property. i am a tenant in your tenants shoes my landlord is trying to kick me out ,i have no rent arrears but because of my husbands disability i have no choice other than going to the council. my landlord refuses to do repairs but i cannot have my rent stopped.
                    are you sure they are doing this on purpose ,the council have said that about me but there is no way that is the case. maybe they cannot afford anywhere else just like me.
                    have you told the tenants that you are going to cut off their utility supply or enter and change the locks. if so then that maybe why they have said you are harrassing them.
                    you say things are not fair for landlords but the same goes for tenants too. that property is counted as their home ,how would you feel if the bank threatened to cut off your utilities or lock you out of your home for a late mortgage payment. it just cannot be done

                    Comment


                      #11
                      We have done everything above board. They are both working full time and earn better money than my husband and I!! yet they are trying to get a council house. We have never done anything to them at all and have never mentioned changing the locks. We are trying to stay within the law but it is frustrating when everything seems to be on their side. We even gave them a 12 month tenancy even though we only wanted to give a 6 month one just to help them out. We have been model landlords have only been round once or twice in 12 months just to inspect the place. We even gave them a good reference last month to show to the council with the S21 now they have thrown it all back in our faces.

                      I sympathise with your situation as you sound decent tenants but I can assure you ours are not and are complete idiots who are just trying to get a council house quickly..

                      Comment


                        #12
                        Don't let your anger at the situation effect how you deal with this. Keep it all above board and through the proper legal channels. If they want to take the weewee and not pay the rent, they will learn the hard way when it comes to bailiff time and no council house.

                        I hope you referenced them well? If so, you shouldn't have too much difficulty recovering the money through court orders/debt collectors.

                        Comment


                          #13
                          Does the council housing policy consider the salary of the people applying for council property as I thought the whole point of social housing is that it is intended for the financially disadvantaged?

                          Is it wise or just vindictive or plain illegal to send the council housing officer a copy of their tenancy application form which states their salaries?

                          Comment


                            #14
                            Originally posted by RichieP
                            Don't let your anger at the situation effect how you deal with this. Keep it all above board and through the proper legal channels. If they want to take the weewee and not pay the rent, they will learn the hard way when it comes to bailiff time and no council house.

                            I hope you referenced them well? If so, you shouldn't have too much difficulty recovering the money through court orders/debt collectors.

                            Thank you for that. We got two references - one from a person who now seems to have conveniently moved, the other from their employer - they were both pub landlords but the pub has recently shut down and is being turned into flats and we don't know where they work now. Any suggestions?

                            What can the debt collectors do? Would it be worthwhile getting private ones in to get them out rather than through the court system?

                            Comment


                              #15
                              Originally posted by bluey
                              Does the council housing policy consider the salary of the people applying for council property as I thought the whole point of social housing is that it is intended for the financially disadvantaged?

                              Is it wise or just vindictive or plain illegal to send the council housing officer a copy of their tenancy application form which states their salaries?
                              Hi I don't think the council do, the housing advice person who rang me today when the tenants were with her didn't seem interested in our side at all and said it was a different department altogether and she was extremely prejudicial towards me and seemed to be taking the tenants side.

                              Unfortunately we do not have a tenancy application form they just came to view it and we then gave them an agreement. Naive now but we haven't rented out before and certainly will not do again and we don't know where they are working now as they have left their jobs as pub landlords although we think the guy works locally but we don't know where. Any way of finding out?

                              To think we were daft enough as well to give them 12 months without any rent increase and throw in the use of a brand new dishwasher and fridge freezer for nothing!!

                              Thank you all. Any suggestions greatly appreciated.

                              Comment

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