I Want To Evict My Tenant

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  • reddragon
    replied
    Originally posted by Poppy
    I’ve made valid and practical suggestions and you get tetchy. Shame.


    Other more grateful people would take these suggestions and start learning more about the rental property industry and look forward to accepting better tenants.
    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.

    Leave a comment:


  • Poppy
    replied
    I’ve made valid and practical suggestions and you get tetchy. Shame.

    Originally posted by reddragon
    Any suggestions greatly appreciated.
    Other more grateful people would take these suggestions and start learning more about the rental property industry and look forward to accepting better tenants.

    Leave a comment:


  • reddragon
    replied
    Originally posted by Poppy
    Are you listening reddragon? Only a court can order the eviction of tenants.

    For the future, I recommend that you use a letting agent to find and reference tenants professionally.

    While you are waiting for this unpleasant episode to run its legal course you should learn everything you can about tenants’ rights and landlords’ rights and learn to be a professional landlord yourself.
    I think you should stop being so rude who do you think you are?! We will not be letting any property again and I registered on this site to be assisted not to be patronised by people like you!!

    Leave a comment:


  • Poppy
    replied
    Are you listening reddragon? Only a court can order the eviction of tenants.

    For the future, I recommend that you use a letting agent to find and reference tenants professionally.

    While you are waiting for this unpleasant episode to run its legal course you should learn everything you can about tenants’ rights and landlords’ rights and learn to be a professional landlord yourself.

    Leave a comment:


  • pippay
    replied
    There is no means test per se when applying for social housing. However, everyone who applies is then placed in a category ranging from "street homeless" (the most urgent) downwards and it largely depends on the individuals circumstances. I very much doubt if a couple that are both working, no kids, are both in good health and can afford to rent privately will be at the top of the list unless they have really special circustances that means they have special housing needs. People at middle and bottom of the list sometimes wait years to get rehoused because of the shortage of social housing.

    Anybody's position on the housing list is assessed on need and believe me Local Authorities will do their utmost not to accept responsibility if they can because they simply would not to rehouse everyone. They an't do it at the moment with their current lists.

    As far as being "street homeless" is concerned (which your tenants will be if you get an eviction order against them and especially if bailiffs attend) then IF the Local Authority accepts responsibility for them, they are likely to be offered only temporary accommodation at the outset which could mean just a double bedsit or even a hostel. There are rules and guidelines the Local Authority has to follow in making a decision as to whether to accept responsibility for them and I know for a fact that my Local Authority will not accept people who have been or are in arrears with their current landlord, on the general Housing List.

    They may be making application under Part 7 of the Housing Act whereby application can be made because of inaffordability in the private sector BUT .. their financial status and the reasons for homelessness will be thoroughly investigated before a decision is made.

    So I don't think you need to write to anyone .. I think you're going off at a tangent really because where they live in the future is really irrelevant to you except for the purposes of trying to recoup your financial losses.

    You really would be much less stressed if you just focus on the problem at hand at the moment and that is getting your property back as quickly as possible and minimising yoiur financial losses as best you can.

    Also, you may be compromising yourselves if you divulge any information given to you in an application form (eg breach of confidentiality and / or Data Protection Act) and a Court may consider it as harassment.


    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?

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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?

    Leave a comment:


  • bluey
    replied
    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?

    Leave a comment:


  • RichieP
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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..

    Leave a comment:


  • mole
    replied
    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

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • PaulF
    replied
    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

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • Poppy
    replied
    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?

    Leave a comment:

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