My own fault, but I need to evict good paying tenants

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    My own fault, but I need to evict good paying tenants

    Hi I have had great tenants for over a year, I decided to try and ask them if they would consider renting privatley behind Hamptons International back to avoid me paying the fee each month. I sent numerous emails to the tenants saying ignore Hamptons I will send you the story to tell them you are moving out to avoid any fee. However they have now said they would prefer to have Hamptons involoved to safe guard deposit with a bit of security. They ahve forwarded all my emails onto Hamptons. I have now served them with a section 21 as I feel that our relationship has broken down, probably due to the fact I tried to save myself a bit of money. They have two children 8 week old baby and a 4 year old starting the schoold around the corner tehy are not preapred to move as I origionally said I would rent for 2 years behind Hamptons back they are trying to hold me to that. Or at least until something comes up should it be after the section 21 ends they ave said then I will have to evict them. I did send emails to the tenant saying I will put you and your family out on the street and I am worried about all of my nasty emails should it go to a hearing. They have never not paid the rent and have all my emails a evidence of trying to do a deal behind Hamptons, what should I do and were do I stand should they not move out PLEASE HELP

    #2
    You sound a lovely person, not.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Sorry but what help are you expecting to get?

      There must have been a better way to change arrangements you had for letting this place, without trying to pull the wool over everyone's eyes.

      Was trying to wangle a bit more money out of the deal really worth losing good, trustworthy, well paying Ts?

      Don't really know what you are expecting anyone here to advise! Making your own bed and lying in it perhaps!

      Comment


        #4
        This exactly epitomises why you should never write anything that you might not want to be used at a later stage against you - particularly in court.

        If you follow the S21 eviction process carefully (deposit protected?????) and correctly, then your emails wil not come back to bite you as the court is only concerned with the paperwork being correct - theres no scope for counterclaims as there is with the S8 process.

        Hamptons may well want their fee - and you may have to pay it. If you want to save money by not using an agent then terminate the relationship in the proper manner and re-let yourself.

        Depending on the actions of the tenants - you might also attract attention of the local authority for your threats to put the tenant out on the street.

        Apologising and grovelling to both other parties might work.

        Comment


          #5
          You either press on with the possession proceedings and take the flak, or agree by consent to withdraw them. I assume that you can do the latter - no doubt someone will advise if I am wrong.

          Comment


            #6
            Do nothing.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by thesaint View Post
              Do nothing.
              Care to elaborate a bit?????

              Comment


                #8
                You appear to be saying that you have threatened to evict them.

                How did you word that particular e-mail?

                pm
                Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                Comment


                  #9
                  Originally posted by davidjohnbutton View Post
                  Care to elaborate a bit?????
                  They are good tenants, they are paying rent, they have said that they have another 2 years of their agreement, and after that the tenants are saying that the landlord has to evict them.

                  My response to this is to "Do nothing".
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by honeybee28 View Post
                    I have now served them with a section 21 as I feel that our relationship has broken down, probably due to the fact I tried to save myself a bit of money.
                    More probably because of your threats to throw them out on the street.

                    So basically you want to evict them because you are embarrassed at your own deceitful and nasty behaviour, and you want to run away from the mess you have created.

                    I suggest that you grow up, acknowledge the fact that you've seriously messed up, and apologize to the tenants and to the agent.

                    Comment


                      #11
                      Something in there must be illegal - attempt to conspire, fraud, in particular..
                      I did send emails to the tenant saying I will put you and your family out on the street
                      hmmmnnnn.
                      “Protection from Eviction Act 1977”
                      Section 1
                      Unlawful eviction and harassment
                      s.1(3A)
                      "the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."
                      It would be sensible in your shoes to advise the Tenant to take legal advice (CaB, Shelter or a Solicitor..).

                      I do hope we read more of this case when it gets to court - with you as the defendant.. Hamptons, assuming you are reading this (they do, oh yes they do..) kindly point the tenant at this thread please dear Sirs...

                      Cheers!

                      Artful
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        It isn't the the tenants choice as to whether an agent is involved or not, its probably in your best interest to dump the agents (although you may still have to pay them some fees) and advise your tenants that the agents are no longer involved and to deal with you directly.

                        Comment


                          #13
                          If I were the OP I would also read up on attempting to evade a liability by deception.

                          As well as conspiracy to defraud.

                          Does the taxman know you are letting I wonder?

                          pm
                          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                          Comment


                            #14
                            Or the mortgagee (if it's mortgaged)? Or the freehold reversioner (if it's a leasehold flat)?
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Personally I hope it all goes in favour of your tenants, but if I were them I'd be telling you where to stick your property, how dare you?
                              Somebody like you determines the wellbeing of this family and they have been badly let down, just like we have very recently.

                              Comment

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