Evicting tenants

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    Evicting tenants

    Ive rented out properties for 12 years and always managed to persuade tenants to leave if not paying rent.

    Have 2 tenants now in 5 bed multiple let who have brought in dogs and scared all the other tenants away with threats.

    They stopped paying rent, changed locks and refused all access. They say they are never leaving, I owe them thousands of pounds for invented decorating and say I have violently attacked them and their friends will lie as witnesses - all lies - if I dont leave them alone they will try to get me in jail for their lies

    I now have very good solicitor, he has achieved accelerated possession on 1 with bailiffs in next 2 weeks, the other I have result of accelerated possession shortly

    Can anyone advise with following issues:

    1. How to stop them smashing the place up when they leave
    2. They are threatening to smash the place up if i dont pay them thousands of pounds up front (they might still smash it up if i paid). I have a letter which hints "the place will be fine if you pay up..."
    3. How to claim back arrears for them and the 3 vacant rooms they were responsible for, for last 5 months - small claims?
    4. How to change the law so if people dont pay you can take your house back in a month - it is governments responsibility to house people not mine (i have seen my MP and he agrees and wants a private members bill)!!

    Any comments?

    #2
    1. Go see the Bailiffs at the county court - see Bailiff Manager, explain concerns and ask if they can attend without giving prior warning - they might not, but it is worth a try. See Police and ask for police attendance at any eviction.

    2. Show bailiffs and police the letter.

    3. County Court proceedings with Ordinary Default summons - likely they will not answer it and you will get default judgment which you will then have to enforce. Before you throw good money after bad, ask yourself if you are likely to get them to pay up and whether or not if you push it, will they victimise your property or yourself.

    4. You aint a cat in hells chance of the law altering in the way you suggest. The government do not want to see the days of Rachman and his friends reappear and that is the good reason why all possessions are by court order - and courts being what they are, full of litigants and defendants, take time to list hearings - the wheel of justice turn slowly and if you want evidence of that - look at that poor teacher who was sent to jail for 6 months for firing an air pistol at the feet of the vandals who had tormented her for months - refused bail pending appeal which is now to be 6th May - and in the meantime, whilst locked up, she is likely to lose her job We all have our breaking point sooner or later!!!!!

    Comment


      #3
      Thanks for taking the trouble to reply. I will try some of your suggestions. However,

      5. The tenants may decide to go at any time in next 3 weeks and probably won't wait for bailiffs - so they are free to damage as the mood takes them.

      6. The tenants have assets, cars and 1 has a house half owned by himself and his exwife - so may be some mileage in claiming rent owed

      7. The argument on changing the law I disagree with - the law has been changed many times since Rackmann - the acts of 1988 and 1996 amendmendent to give accelerated procedure, prove that the law can be changed if evidence supports the fairness of change. From my experience human nature and what is normal has changed dramatically in the last 10 years and legislation is required for a huge number of thinks that "people would never have dreamed of doing a while ago" hence ASBOs, curfews etc...It just needs popular support to implement not negativity

      Comment


        #4
        If the tenant has put his threats in writing (hints like these are sufficient) go to the police.
        People can't just make threats and not bear the consequences.

        Regarding changing the law, it's worth a try, but to be realistic you would need a lot more people asking for the same thing as you.
        Bear in mind that although you have good reasons to evict tenants ASAP, some less scrupulous landlords would use loopholes to abuse/evict perfectly good tenants and this is why the law is what it is now.

        I do however agree that tenants threatening to damage properties, not paying rent and just being the tenants from hell should be treated as what they are and suffer the consequences of their attitude.

        Comment


          #5
          Can you enlighten us with these loopholes....?

          Comment


            #6
            I wasn't talking about anything in particular.

            I was merely referring to the past when tenants used to get ripped off by unscrupulous landlords which led to the current legislation.
            Any new legislation would have to make sure it isn't easy for LLs to throw tenants out easily (to prevent abuse) and the only way is court, and court takes time.

            Comment


              #7
              But where would landlords actually be throwing them out from - it seems it is the landlords house not the tenants - if the tenant cant pay he should go in 1 or 2 months - if he has no place to live then the government should house him.

              Thats exactly the point. It is my house - the contract was agreed. Even with fast track it takes a minimum of 7 months to evict legally - and dont let anyone say otherwise:

              2 weeks to notice a problem
              2 weeks to get solicitor invoved and draft the notice
              2 weeks average to ensure notice is served on exact anniversary of renewal period of tenancy - this can easily be 6 weeks if date is missed
              2 months must expire of notice
              apply to court for possession - 2 weeks to get papers to court, 3 weeks for judge to decide
              court sets date when tenant must go - 5 weeks later
              tenant ignores it - apply for bailiffs - 2 weeks for solicitor, 3 weeks for judge to decide
              bailiff set for 5 weeks later

              Total time: 34 weeks minimum

              If tenant defends the fast track then it can be many months more
              If any error in paperwork however small - start from the beginning again

              Are you seriously telling me that is fair - these are MINIMUM times.

              Comment


                #8
                If you think it's unfair then talk to your MP and get things changed if you can.

                Comment

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