Avoiding long drawn out evictions

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  • Avoiding long drawn out evictions

    As a rtm company we recently had a problem where a tenant has refused to leave and a court order was required.
    Is there a definitive way to ensure quick eviction if required ie specific paragraphs in the AST?

  • #2
    No (you can try bribery but that's dangerous..).

    By RTM I assume you mean "Right To Manage"??

    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...

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    • #3
      Your only methods are sections 8 & 21 of the 1988 Housing Act.

      Section 8 requires from 0 - 2 months notice, and the court process will be iro 3 months

      Section 21 requires a minimum of 2 months notice, and the court process will be iro 6 weeks if no hearing is required.

      On top of that the judge will give 14 - 42 days for the tenant to leave.

      If they don't, you will have to organise bailiffs - say 6 weeks.

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      • #4
        Yes Right to Manage but it seems that some leaseholders who let never informed Solitaire so we are now trying to sort this out and ensure everyone has an AST as well as covering ourselves by informing Estates and Management of forwarding address's for leaseholders to be served ground rent demands

        Comment


        • #5
          The majority of the tenants will have ASTs anyway. They may be oral ASTs, but they will be ASTs anyway. Of course, anyone who has been a tenant for a long time may have an Assured Tenancy.

          Are you trying to straighten up the paperwork, or do you have some other end in mind?

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          • #6
            We are simply aiming to cover the our legal requirements and to ensure that the tenants who rent are as suitable as can be assured. From now on we will require proof of procedures from estate agents and ensure procedures are in place for leaseholders who do not use estate agents.
            We are legally obliged to protect the freeholders interest as far as possible although the right to grant consent to let has now fallen to the RTM Company.
            Some leaseholders feel they do not need to do credit checks and id checks and this will be a stipulation if consent is to be granted in the future.

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            • #7
              If someone has been a tenant since before 15th Jan 1989 they won't be assured & you cannnae do owt about it...ditto a let to a company ...

              Some leaseholders feel they do not need to do credit checks and id checks and this will be a stipulation if consent is to be granted in the future.
              Almost: You want satisfactory credit & ID checks.. (otherwise you are still agreeing to any old dodgy bloke..)
              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


              • #8
                Originally posted by jon2516 View Post
                From now on we will require proof of procedures from estate agents and ensure procedures are in place for leaseholders who do not use estate agents.
                This sounds like you're assuming that things will be 'properly' done if an agent is involved. Ha ha. As agents are unregulated and may have no qualifications or legal know-how whatsoever, such an assumption is misguided. Even ARLA member agents may be clueless.

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                • #9
                  I agree with westminster. And the ones who find tenants for rental properties are called letting agents, not estate agents. Estate agent sell properties.
                  '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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                  • #10
                    Originally posted by jon2516 View Post
                    As a rtm company we recently had a problem where a tenant has refused to leave and a court order was required.
                    Is there a definitive way to ensure quick eviction if required ie specific paragraphs in the AST?
                    Nothing you add to or take away from your AST contract will allow you to bypass the normal legal process by which you can gain possesison from a tenant.
                    '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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