How to remove tenants after very poor behaviour

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    How to remove tenants after very poor behaviour

    Hi,

    I am new to this and thought I had found good tenants, but they have become very nasty and I want them out my house.

    Basically there recent behaviour has been appauling and even severe threats! they have been in the house just over 6 months, I have a break clause in the agreement. As being new to this and nieve I hadnt put the money into a scheme as I was duped by the tenant saying I didnt need to and that they were happy for me to hold onto the money (I have all of this in a text message) I secured the deposit today and mailed the tenants the certificiate and will post the other documents recorded delivery Monday, it is a very bizaar situation and the tenant is refusing to talk to me I know this as the police have been involved. I do not have a number to contact him as he lost his phone.

    I just want to get them out as there recent behaviour has been appauling and I am not putting up with it, also the rent is 2 days overdue (I know thats not long but it has always been paid on time) I just need to confirm what form I should use and how to complete it as I heard storys of it not being completed right and being rejected. Also I have not carried out the 6 months inspection which I am very keen to do as I am concerned for the house, should I just write a letter giving at least 24 hours notice saying I want to do the inspection and post it recorded? if they do not reply what are my rights can I just let myself into the house? taking a independant person with me?

    Please help, kind regards

    #2
    Given you want to evict anyway, I am not sure what the benefit of an inspection is. Ideally you'd want your tenant to agree to you doing an inspection but given the relationship you are describing, its probably difficult and wouldnt advise you to try entering without his consent.

    When did the tenancy start and when did the fixed term end? Were there any renewals? You will have to go down the Section 21 route, which means you will have to return the deposit to the tenant first, I'm afraid
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      I hear what your saying but I am very concerned for the condition of the house. I certainly wont enter without his consent. The police officer has said he will come with me if I do am inspection.

      The commencement of the tenancy was 15th May 2012, the initial term was 12 months. Sorry I do not understand what you mean by "fixed term end" No renewals. OK but I understand there are two section 21 documents a 1B and a 4A. Surely that cant be right, why should I give them the deposit back before I see the condition of the house and as they are looking like they are not going to pay this month ?

      Comment


        #4
        As you have failed to comply with the deposit protection rules, by allowing tenant to talk you into not protecting it, you must return the deposit before you can issue a valid Section 21 notice. As the Section 21 will probably need you to apply to court to force an eviction, the late protection of the deposit will not allow the court to accept the notice and your eviction will fail.

        Also, even if you return the full deposit, the tenant can claim a penalty in court against you, for 1-3x the original deposit value. Returning it will help mitigate any claim the tenant makes, although does not remove it entirely.

        The "fixed term" is the term that the original tenancy agreement ends. If you gave them a 12 month tenancy, which started on 15th May 2012, you cannot use an S21 to evict them until the 12 months ends. However, you mentioned a break clause? Some break clauses are very poorly written, so you need to tell us exactly the wording of yours, so members here can advise whether it is valid to issue notice against now.

        Comment


          #5
          Originally posted by wheretogo View Post
          The commencement of the tenancy was 15th May 2012, the initial term was 12 months. Sorry I do not understand what you mean by "fixed term end" No renewals. OK but I understand there are two section 21 documents a 1B and a 4A. Surely that cant be right, why should I give them the deposit back ...?
          Failing to protect the deposit has two consequences. 1) You cannot serve a valid s.21 notice unless you first return the deposit to the tenant; 2) you are exposed to a non-compliance claim by the tenant, and may be ordered to pay between 1x and 3x the value of the deposit. There is nothing you can do put things right in this respect.

          Also note that deposit protection is a two-step procedure. You must protect the deposit and ALSO provide the prescribed information, which is several pages, not just a one page 'certificate'.

          When you grant a fixed term tenancy for 12 months commencing 15th May 2012 then the fixed term will expire ("fixed term end") on 14th May 2013.

          The only way that you can legally and unilaterally end the tenancy is by first serving proper notice and then applying for and obtaining a possession order from the court. As LesleyAnne says, you need to give us the exact wording of the break clause.

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