Advice on my current situation please

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    Advice on my current situation please

    Hi I am new to these pages and wish I had learnt about them much earlier, I have gotten myself into a right pickle with renting out my house.

    I have a mortgage on this property and because my tenant is not paying his rent its crippling me paying two mortgages.

    I rented the house out in haste due to financial circumstances and if I'm honest I have no real idea who the person is in my house I didn't get any identification no references no nothing, I have a tenancy agreement with just a name on it and it could be any made up name.

    The guy in the house is thoroughly unpleasant threatens the neighbours and has threatened myself with violence if I ever phone up asking for rent again, he owes me over £1200 and I want him out, but if I don't have his real name and start serving section 8 or 21 can it go so far only to be thrown out of court on a technicality because the name is wrong? I am at my witts end

    He initially paid a deposit and it was going ok for 5 months then he just stopped paying rent, I believe that the guy actually works so it is nothing to do with housing benefits, I want to sue also to get the money back how do I initiate these proceddings

    Any advice greatly appreciated

    #2
    No worries, this will get sorted. De-personalise matters and let someone else obtain possession for you. There's a company advertising on here called Regency Law whose franchise looks quite client friendly; no win - no fee; no upfront fee..

    Once tenants get something a bit more official looking than the landlord they sometimes discover some money. This happens in the majority of cases. Many tenants sub-let or take in lodgers without consent; your possession order, if the matter gets that far will be against all occupiers.


    Have you looked through the various specialists' propositions so as to compare? I've never used any of them and have no connection with any advertiser so have no axe to grind.

    Regency Law say that "they are recommended and a member of Landlordzone"; which is not exactly the same as recommended BY Landlordzone; but probably near enough. On balance if in your boots I would put myself in their hands.


    I was quite shocked to read how much "Landlord Action" are quoting on their otherwise slick and impressive website for the cost of evicting some defaulting tenant. It would be interesting if members were to compile a comparison of the cost profile of various advertisers on here so as to be able to direct landlords like yourself to the best value proposition.

    "Landlord Support Services" (www.landlordslawyer.co.uk) seems impressive,technically competent and at no significant discount in pricing there is "Landlord Adviceline"http://www.landlordsadviceline.com/ and www.landlordlaw.co.uk are no doubt perfectly competent but they are really looking for people to sign up to a year round retainer.

    If you do decide to do this DIY (which I don't particularly recommend but you can try) be careful not to harass the tenant by ringing him up or contacting his employers. It's not harassment however to affix the notice to the property. The tenant generally gets the general idea when the notice to quit is fixed in a clear plastic folder on the front door with copious amounts gaffer tape! We usually photograph it with a contemporaneous copy of The Times in the photo so that can be no later argument as to whether and when service took place. Serve a copy on any other address you may have for the tenant.

    Some tenants will just "do one" others won't go until they are forced to; local authorities advise people to drag it out till the last minute otherwise they will be classed as voluntarily homeless. In many many cases the jolt of proceedings is enough for tenants to put their accounts back in order.

    Dont worry too much about going to court. Nine times out of ten the defendant doesn't turn up and the judge gives the order. I would go for a non money judgement ie accelerated possession which will be much quicker as in any event once these people have gone they have gone.
    But such is the parlous state of our county courts that you will wait for a court date and be kept waiting hours on the day. Best of British

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