I Want To Evict My Tenant

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  • RichieP
    replied
    One point people are trying to make, is that typing in capital letters in forums is deemd to be shouting. That and it's not easy to read.

    Going back to a point you just made. If your tenants are more than 2 months in arrears, you can serve them with a Section 8 Notice, citing Ground 8. This Notice expires after 14 days, when you can apply to the court. It's slightly quicker than waiting for your Section 21 to expire.

    If thay are still 2 months or more in arrears at the time of the hearing, the judhe must give possession.

    If they are a bit crafty and pay some of the arrears to bring it below 2 months by the hearing date, you can apply via the Accelerated Procedure to evict them, as your Section 21 will have expired by then.

    Leave a comment:


  • Worldlife
    replied
    Originally posted by pms
    You are entitled to your opinion but putting everything in capitals is what's getting everybody's backs up.We are all trying to help and can only advise you.99.999% of the posters on this forum keep within the law and that is how we are advising you by keeping within the law.I would just chill out and stop getting stressed.
    AGREE WITH THIS AND SIMILAR VIEWS EXPRESSED BY OTHER POSTERS...

    Beware... shouting can be contagious!!!!!

    Seriously - cut out all the irrelevant dribble. If the issue comes to Court the Judge will not be interested. Focus on implementing and following through the legal procedures to regain possession of your property.

    Leave a comment:


  • zoe
    replied
    Originally posted by reddragon
    IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.
    That has nothing to do with your working relationship with these people, your yelling or with this site.

    Zoe

    Leave a comment:


  • pippay
    replied
    Yes you are entitled to your opinions but personally I don't think this forum is the best place to air them. You asked an eviction question and I believe that has been answered. We are not here to take sides or to sit in judgement of anyone especially if they don't have the opportunity to defend themselves .. like your tenants, for example.

    You have no idea whether they are entitled to claim benefits or not and they are legally entitled to apply for a council house - whether they are accepted or not is between them and the council. It is pure conjecture on your part, apart from which those two issues (should) have nothing to do with you in your capacity as LL.

    I can only repeat what eveyone else is saying - minimise your losses and evict them because if you carry on being so stressed out like this over something that has nothing to do with you, you'll end up having a heart attack which certainly won't be in your best interests !!

    You win some, you lose some - put this down to experience, use it as a learning curve, move on and CHILL



    Originally posted by reddragon
    IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.

    Leave a comment:


  • pms
    replied
    Originally posted by reddragon
    IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.
    You are entitled to your opinion but putting everything in capitals is what's getting everybody's backs up.We are all trying to help and can only advise you.99.999% of the posters on this forum keep within the law and that is how we are advising you by keeping within the law.I would just chill out and stop getting stressed.

    Leave a comment:


  • reddragon
    replied
    Originally posted by zoe
    please stop shouting, it is not possible to read your rant when it is in capitals.

    I am not on the tenants side. BUT the only option open to you is to evict ???!?!? And then learn your lesson and be beter prepared for this type of thing to happen again.

    Whether they claim benefits and get a council house or not is nothing to do with you or your letting *business*.

    Zoe
    IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.

    Leave a comment:


  • Jennifer_M
    replied
    What is there still to discuss here ?

    You want the tenants out, get them evicted through the court and then sue for the outstanding rent.

    No point going on and on about it.

    Leave a comment:


  • zoe
    replied
    Originally posted by reddragon
    WELL NICE TO KNOW YOU ARE ON THE TENANT'S SIDE!! IT DOESN'T MATTER THAT THEY OWE ME OVER 3 MONTHS RENT AND HAVE THREATENED TO WRECK THE JOINT AND WE CANNOT PAY OUR MORTGAGE - AS LONG AS THEY ARE OKAY! THEY CAN GET ALL SORTS OF BENEFITS AND A FREE COUNCIL HOUSE YIPPEE THAT IS WHY I HAVE WORKED FOR 25 YEARS AND PAID MY FULL TAX AND NI FOR PEOPLE LIKE THAT!!

    I HAVE HAD SOME GOOD ADVICE FROM PEOPLE WHO ARE GENUINELY HELPFUL AND NOT CRITICAL AND ARE OBVIOUSLY PREJUDICIAL TOWARDS LANDLORDS IN GENERAL.
    please stop shouting, it is not possible to read your rant when it is in capitals.

    I am not on the tenants side. BUT the only option open to you is to evict ???!?!? And then learn your lesson and be beter prepared for this type of thing to happen again.

    Whether they claim benefits and get a council house or not is nothing to do with you or your letting *business*.

    Zoe

    Leave a comment:


  • reddragon
    replied
    Originally posted by zoe
    Reddragon

    Why are you shouting. You have been given lots of advice. There is no point in getting angry with people who are trying to help.

    To be honest I cant see your problem. If you want to rent a property you do take the risk of having to evict illegally.

    You have said that you gave them a 12 month tenancy without any increases - well good you shouldn't increase the rent anymore than once a year anyway.

    You have also said that they will not allow you to show the property - again good. It is their home and up to them.

    By becoming a landlord some people appear to think they can just make easy money, with no responsibility and no risk. It looks like you are going to learn the hard way.

    all you can do now is to evict through the court, if the get a council house or not is very irrelevant to your case.

    Zoe
    WELL NICE TO KNOW YOU ARE ON THE TENANT'S SIDE!! IT DOESN'T MATTER THAT THEY OWE ME OVER 3 MONTHS RENT AND HAVE THREATENED TO WRECK THE JOINT AND WE CANNOT PAY OUR MORTGAGE - AS LONG AS THEY ARE OKAY! THEY CAN GET ALL SORTS OF BENEFITS AND A FREE COUNCIL HOUSE YIPPEE THAT IS WHY I HAVE WORKED FOR 25 YEARS AND PAID MY FULL TAX AND NI FOR PEOPLE LIKE THAT!!

    I HAVE HAD SOME GOOD ADVICE FROM PEOPLE WHO ARE GENUINELY HELPFUL AND NOT CRITICAL AND ARE OBVIOUSLY PREJUDICIAL TOWARDS LANDLORDS IN GENERAL.

    Leave a comment:


  • pippay
    replied
    If this family are as dodgy as you allege, then if I were in your shoes, I'd be seeking repossession as soon as possible, to mitigate my own losses.

    Why does it matter so much to you that they are applying for social housing? It is irrelevant ( or should be) where they will live once they leave your property.

    I'm actually in a similar position - but as a tenant. I cannot continue to pay the full rent after the end of the initial term, only the Housing Benefit proportion (because of long term and debilitating ill health I now have to pay a carer and can't afford to do both) and am applying to my Local Authority for housing. I also cannot just up and leave or I would be considered as making myself intentionally homeless.

    I, too, have advised my LL in advance of the problem occuring and he is also reluctant to serve an S21 (I know you've served one but you are dubious about seeing it through to an eviction order, if I remember your original post correctly???)

    I'm struggling to see what your problem is here... either you want them to leave. in which case get an eviction notice, or you don't and if they are as bad as you say, you need to ask yourself WHY don't you want them to leave?

    I think you have to recognise that sometimes tenants circumstances change for the worse through no fault of their own. Just the application for social housing can be a minefield in itself and people very rarely get to choose where they can live, so bear in mind that if your tenants are having to go down this route they may have a valid reason that you don't know about ....
    they don't have to tell you their personal circumstances, after all.

    The best advice I can give you is to evict them because if you are this stressed out about them now it will only get worse and get in the way of a good tenant/LL relationship, if there was one to begin with. You have nothing to gain by keeping them there if they aren't paying the rent.

    Hope this helps for what it's worth.


    Originally posted by reddragon
    HIYA YES THEY BOTH WORK BUT THEY ALSO HAVE 4 YOUNG CHILDREN (ALL WITH DIFFERENT FATHERS!) THE YOUNGEST CHILD IS ONLY A FEW MONTHS OLD BUT HER PARENTS CARE FOR IT WHILST SHE GOES TO WORK BUT I THINK SHE IS ALSO GETTING CASH IN HAND AND WE ALSO NOTICED ON OUR LAST VISIT THAT THERE ARE A LOT OF LETTERS LYING AROUND FROM THE BENEFITS AGENCIES ABOUT THE BENEFITS THEY ARE GETTING SO I THINK THEY ARE ALSO FIDDLING THE BENEFITS AGENCY SYSTEM AS WELL. THANKS

    Leave a comment:


  • zoe
    replied
    Originally posted by reddragon
    THEY MAY BE VALID SUGGESTIONS BUT WE DO NOT NEED YOU TO PUSH THEM IN OUR FACES WE ARE NOT STUPID AND ARE STRESSED ENOUGH WITHOUT YOU AS WELL.

    WE DO NOT WANT TO LEARN ANY MORE ABOUT THE RENTAL INDUSTRY AS WE WILL NOT BE RENTING AGAIN THIS EXPERIENCE IS MORE THAN ENOUGH.

    Reddragon

    Why are you shouting. You have been given lots of advice. There is no point in getting angry with people who are trying to help.

    To be honest I cant see your problem. If you want to rent a property you do take the risk of having to evict illegally.

    You have said that you gave them a 12 month tenancy without any increases - well good you shouldn't increase the rent anymore than once a year anyway.

    You have also said that they will not allow you to show the property - again good. It is their home and up to them.

    By becoming a landlord some people appear to think they can just make easy money, with no responsibility and no risk. It looks like you are going to learn the hard way.

    all you can do now is to evict through the court, if the get a council house or not is very irrelevant to your case.

    Zoe

    Leave a comment:


  • reddragon
    replied
    Originally posted by pms
    Having followed this thread it would seem that your tenants are going to receive one big shock.

    1) If there is rent arrears the council are under no obligation to re-house them even if they are evicted because they are making themselves "intentionally homeless". As there are no children under 16 involved the council will still not re-house them.

    2) As they have jobs and can quite easily support themselves the most they may get is a place on the housing list.

    3)The only time the council would re-house them is if the property was unfit for human habitation and they were in danger is under S175 Housing Act 1996 in which they could make themselves"intentionally homeless" and the council would have to house them but unfit would mean UNFIT.

    I would suggest that you don't evict them keep them on an assured shorthold perodic tenancy after expiry of the inital term.As you have already issued a S21 NOTICE you can start court proceeding anytime after the expiry date.Hope this is of help to you.
    HIYA YES THEY BOTH WORK BUT THEY ALSO HAVE 4 YOUNG CHILDREN (ALL WITH DIFFERENT FATHERS!) THE YOUNGEST CHILD IS ONLY A FEW MONTHS OLD BUT HER PARENTS CARE FOR IT WHILST SHE GOES TO WORK BUT I THINK SHE IS ALSO GETTING CASH IN HAND AND WE ALSO NOTICED ON OUR LAST VISIT THAT THERE ARE A LOT OF LETTERS LYING AROUND FROM THE BENEFITS AGENCIES ABOUT THE BENEFITS THEY ARE GETTING SO I THINK THEY ARE ALSO FIDDLING THE BENEFITS AGENCY SYSTEM AS WELL. THANKS

    Leave a comment:


  • reddragon
    replied
    Originally posted by Jennifer_M
    Reddragon, no offence but you are receiving free advice here courtesy of generous posters who take time to answer your questions.
    All advice isn't always what you want to hear but it doesn't automatically make it patronising or rude.

    Letting when handled professionally and with the adequate knowledge is no more risky than any other business. It is by no mean 100% safe as any other business but if you do everything to cover yourself you should be safe(r).
    I believe that's what Poppy was suggesting: learn as much as you can for the future as you don't have to stop letting, or at least knowing the law could help you in your present situation.

    No one suggested you are stupid but you don't know about letting so you should take any advice you receive from experienced landlords and be grateful for it rather than "shout" that you don't want to learn.
    YES I TAKE YOUR POINT BUT THERE ARE WAYS TO SPEAK TO PEOPLE AND NOT BE RUDE ABOUT IT. THERE IS NO NEED TO BE ABRUPT I AM JUST TRYING TO SEEK HELP HERE.

    Leave a comment:


  • pms
    replied
    Originally posted by reddragon
    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.
    Having followed this thread it would seem that your tenants are going to receive one big shock.

    1) If there is rent arrears the council are under no obligation to re-house them even if they are evicted because they are making themselves "intentionally homeless". As there are no children under 16 involved the council will still not re-house them.

    2) As they have jobs and can quite easily support themselves the most they may get is a place on the housing list.

    3)The only time the council would re-house them is if the property was unfit for human habitation and they were in danger is under S175 Housing Act 1996 in which they could make themselves"intentionally homeless" and the council would have to house them but unfit would mean UNFIT.

    I would suggest that you don't evict them keep them on an assured shorthold perodic tenancy after expiry of the inital term.As you have already issued a S21 NOTICE you can start court proceeding anytime after the expiry date.Hope this is of help to you.

    Leave a comment:


  • Jennifer_M
    replied
    Reddragon, no offence but you are receiving free advice here courtesy of generous posters who take time to answer your questions.
    All advice isn't always what you want to hear but it doesn't automatically make it patronising or rude.

    Letting when handled professionally and with the adequate knowledge is no more risky than any other business. It is by no mean 100% safe as any other business but if you do everything to cover yourself you should be safe(r).
    I believe that's what Poppy was suggesting: learn as much as you can for the future as you don't have to stop letting, or at least knowing the law could help you in your present situation.

    No one suggested you are stupid but you don't know about letting so you should take any advice you receive from experienced landlords and be grateful for it rather than "shout" that you don't want to learn.

    Leave a comment:

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