Notice to evict: Urgent help please.

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    #16
    Originally posted by satwant View Post
    My questions really are;

    1. Is there a way to evict the tenants within 7 days? if yes, then how do I go about it? No, there is not.

    2. If there isn't a way within the UK legal system, which allows eviction within 7 days then are the management being heavy handed with me by asking me to do something illegal? Yes, they are.

    I am not really looking for suggestions that I should speak to the directors or the tenants register elsewhere or have the returns sent elsewhere. Why not? if they are otherwise good tenants then it would seem to be the obvious answer, otherwise you will have all the hassle of a void period and having to find new tenants. However, thank you very much everybody with all the super ideas.
    See red text above
    '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

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      #17
      Thank you mind the gap,

      This is exactly how I feel about the whole thing, after serving a 2 months eviction notice on the tenants, I would like to take action against the management for employing bullying tactics and asking me to carry out something which the law of this country does not permit me to do.

      Are there any bodies to whom the managing agents have to be registered with? Like there is ARLA for letting agents.

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        #18
        Originally posted by satwant View Post

        2. If there isn't a way within the UK legal system, which allows eviction within 7 days then are the management being heavy handed with me by asking me to do something illegal?
        AFAIK a clause in a contract that involves illegal action is null & void...

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          #19
          Originally posted by satwant View Post
          Are there any bodies to whom the managing agents have to be registered with? Like there is ARLA for letting agents.
          estate agents / managing agents are often members of the ARMA
          (Their letterheads or website may show their affiliation to various bodies )

          one of the proceedures ( of many to complain, is as follows )

          ===================================

          ARMA complaints proceedure.
          The landlord of the property or the organisation ultimately responsible for the management of the property is a residents company ( RMC ) owned/controlled by all or some of the lesseess, the complainant must take up the issue(s) with the directors of that company and, where appropriate, demonstrate that the directors support the complaint.
          =================================== ( before the ARMA will do anything )

          Therefore complain to the directors first, that the managing company, are employing agents that bully you, and seem unaware of the law and proceedures that must take place to enable a lawful removal of tenants / sub-tenants.

          As i said earlier, 7 days is a shock tactic.
          Tell them you will comply with their request, but you will do it within the letter of the various laws that currently exists, which they seem not to be aware of.
          together with other advice you have been given on here.

          Your aim is to keep good tenants, but if they can not observe the lease, it then reflects on you, and they have to go.

          Comment


            #20
            Satwant - if the tenancy is an AST and does not expire until November 2010 then you still cannot serve them with two months' notice.

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              #21
              Originally posted by ram View Post
              estate agents / managing agents are often members of the ARMA
              (Their letterheads or website may show their affiliation to various bodies )

              one of the proceedures ( of many to complain, is as follows )

              ===================================

              ARMA complaints proceedure.
              The landlord of the property or the organisation ultimately responsible for the management of the property is a residents company ( RMC ) owned/controlled by all or some of the lesseess, the complainant must take up the issue(s) with the directors of that company and, where appropriate, demonstrate that the directors support the complaint.
              =================================== ( before the ARMA will do anything )

              Therefore complain to the directors first, that the managing company, are employing agents that bully you, and seem unaware of the law and proceedures that must take place to enable a lawful removal of tenants / sub-tenants.
              Its no point talking to the directors, the chairman and dy chairman seem to think they own the development

              As i said earlier, 7 days is a shock tactic.
              It is this that is making me

              Tell them you will comply with their request, but you will do it within the letter of the various laws that currently exists, which they seem not to be aware of.
              together with other advice you have been given on here.

              Your aim is to keep good tenants, but if they can not observe the lease, it then reflects on you, and they have to go.
              Its a 12 months AST exp Nov 10. Tenants cant stop the mail order as its their living cant move until they find alternative accomodation, letter only arrived on Friday and I have not had a chance to speak to anybody other than the tenants.

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                #22
                Originally posted by What?Estate View Post
                Satwant - if the tenancy is an AST and does not expire until November 2010 then you still cannot serve them with two months' notice.
                Well, that is the dilemma I'm in. I just don't see how I can remove them staying within the law.

                I have no problem if the letter had said that I must not renew this tenancy when it expires but how do I get them out within 7 days.

                Ruth, what is the worst the management can do, if I serve a notice to tenant to vacate due to breach of contract but they dont move out til the end of tenancy in November? Could they take my ownership of the flat from me or take me to court etc?

                Comment


                  #23
                  Originally posted by satwant
                  I just don't see how I can remove them staying within the law.
                  there is no point in having a lease / AST if you think you can do nothing for violation of the lease till the end of the AST.
                  The reason for the 2 months notice is BECAUSE they have violated the lease, otherwise there is no point in having a lease if you can do nothing about violations till the AST ends, as that would be a dream AST for any bad tenants, and tenants would rule the housing market. ( They could run amuck, throwing parties every night, etc etc, saying, you cant touch us cos our AST does not run out for a further 11 months ) -
                  But how do I get them out within 7 days.
                  You have been told a few times that the 7 day request is totaly unreasonable, and a scare tactic. you don't have to get them out before 7 days, as no way could a court be convened to process your s21 in 7 days.
                  if I serve a notice to tenant to vacate due to breach of contract but they dont move out till the end of tenancy in November? Could they take my ownership of the flat from me or take me to court etc?
                  YOU give the tenants an s21 etc to vacate for breach of the lease, and there are many threads on here as to which forms to use, what happens if they refuse to go, court proceedures etc etc.

                  YOUR tenants are in breach of the ast / contract, not you. They can't take your flat off you.

                  You keep getting advice, act on some of it, issue notice to leave for breach of the AST, and they leave when they leave, with or without an eventual court order from you ( if it has to go that far with a court order to leave ) and the managing company are in error for the 7 day notice.

                  What would you do if your tenants refused to pay any more rent ( a breach of the conditions of the AST ) Would you tell them they don't have to pay, they don't have to leave till the end of the AST ( as one post has suggested )and can live there rent free ? -- No, you issue them 2 months notice to leave, ( for breach of the lease/AST ) issue the relevant forms to get them out and pay the owing rent. ( after they are in arreas a set length of time )
                  same with running a business, it is still a breach of the lease !

                  I understand your concerns, and it must be very stressing. But forget the 7 days, it was designed to scare you, and by your posts here, it has worked ! - so concentrate on asking tenants to leave, by issiuing said forms, and that's all you can do. You have told us they can not comply with the lease, it is causing you problems, so they HAVE to leave. ( you have my comments on what to say to the Managing company/ agent = http://www.landlordzone.co.uk/forums...03&postcount=3 ( opens in new window)

                  R.a.M

                  Comment


                    #24
                    What I was thinking before posting here, has been confirmed by many.

                    It is clear that my tenants are in breach of contract. But they want to continue doing what they are doing. Its possible that I can evict them in 2 months but there is no way that I can evict them within 7 days. The law of this country does not allow an eviction within 7 days, no matter how serious the breach of contract is.

                    What I'm most angry about is the use of, "evict your tenants within 7 days" in the letter from the managing agents. Now if they are instructing me to do something which is not enforceable whilst staying within the legal limits, then by asking me to do this, what they are doing is, must be illegal.

                    The help I need is not what I can do with the tenants, that is now clear that they are going to look for another place but need a couple of months notice. The help I really need from the knowledgable ones is, how and what actions can I take against the managing agents for being bullies.

                    Comment


                      #25
                      Originally posted by satwant View Post
                      what actions can I take against the managing agents for being bullies.
                      Not a lot, as all the "federations" will do, is ask you and the directors to have a meeting to thrash it out. The minimum you could expect is the ARMA, or what ever they belong to, will remove them from their membership, but the ARMA and others want the yearly income, and have no powers whatsoever, but all the Managing comany will say, is -- sorry , we made a mistake, it wont happen again, and they retain their membership, and you can't fight a sorry, we were too hasty.

                      Unfortunately, you have not broken any laws by adhearing to the managing companies request, because you can't, after being on here, therefore you have not been inconvenienced, therefore you can't sue for damages, as there are none.

                      if they are to be "fined" for giving out misleading information, then you need a strong solicitor to advise you the best way to "hurt them", and financialy is the only option nowadays that firms respond to.

                      You don't have to be licenced to be an estate agent or letting agent ( both types can manage property ). And they work on a code of practice.

                      You could Contact companies house, who have the powers to instigate fines / imprisonment on Directors ( The six that you say think they own the developement ) But I don't think you will get anywhere on the 7 day item.

                      One suggestion is to write to the Managing agent, in stern words, as an extra to the one you are writing, ( to confirm your tenants will be leaving ), to tell them that you will not be bullied, and suggest they read the law on lessess / ( sub- tenants ), Read the Landlord and Tenant act, the Companies Act ,before they send out misleading information, and you will be contacting Companies house to complain if this happens again, and that means as the M/C represent the 6 directors, that the M/C will be acting on behalf of the 6 Directors if they try and bully you again, which the 6 directors would not be happy to be investigated by Companies House, due to the M/C's irresponsible and advising you to do illegal acts . ( Send copy letter to the 6 directors, _ Because -->

                      The Law stands at the moment :-
                      If there is a problem with management services, the leasehold’s argument is not with the agent ( the one that gave you 7 days ) but with the landlord, who has ultimate responsibility for the full and proper management of the property, E.G. the 6 Directors --

                      So any misdoing by the management, reflects on the 6 directors.
                      But the M/C - M/A have not broken any laws, apart from not acting in a maner to promote decent dealing, then I don't think you can have your pound of flesh. Annoying, I know.

                      You need to see a solicitor to advise what you can do.

                      R.a.M.

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