HELP! problems with lodgers rent & leaving

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    HELP! problems with lodgers rent & leaving

    Hi,

    Hello to everyone I am new to the forums.

    I need some help please....

    I am renting my flat out to a couple in there late 40s, now from day one of them moving in on the 22nd May 2006 there has been problems with them meeting the rent on time (always being late).

    But now I have even more problems in January I decided I wanted to sell the property and informed the tentants straight away and asked them to start looking for a place to live. Meanwhile one of the tenaants became ill and she being the only income for the two of them they now have no money coming in and are unable to pay the rent due to me. So Last month was £10 short and Marches rent is presently £205 short and Aprils is due on the 22nd.

    To top this all off they have not found anywhere else to live as they have no income so no agency will touch them and the council are being there usual rubbish slow unhelpful selves.

    On the 22nd of March I wrote to them given them two months notice requiring posession of the flat (Housing act 1988 section 21a etc..). They are due out of the flat on the 22nd May. Now I have spoken to the lodger about leaving on this day and they have out right said that if they do not find another place to live they will not be moving out.

    So basically I need help on what rights I have on getting them out on the 22 of May. Also what the situation if I entered the flat when they are out and changed the locks and put there funiture in the road??? Yes I know thats seems harse but they are not making any effort to move out,I will lose the sale on the property if they dont go I am out of cntract with my mortgage and will be paying a much higher interest rate (which I can not afford especially as they are not paying all the rent).
    Also how long after the 22nd May could it take to get an eviction order to get them removed. Obviously I will loose my buyers of the flat if they dont go soon.

    Many thanks for all your help in advance.

    Cheers
    Last edited by LandlordF; 14-04-2007, 15:53 PM.

    #2
    You could be done for illegal eviction if you enter the property and change the locks!
    It could take about 5-6 weeks before it goes to court in order for the district judge to give you possession, after the 22 may.

    Is the main wage earner on any benefits? ie; housing benefit/income support?

    Comment


      #3
      If they live in this property without sharing it with you, they are not lodgers but tenants. Tenants and lodgers have different rights - lodgers have extremely limited rights whereas you will need a court order, then possibly send in the bailiffs to get your property back from tenants.

      Information is contained here about the next steps that you must take to get repossession of your property.

      http://www.landlordzone.co.uk/Possession.htm

      As indicated by the previous poster, it is a criminal offence to harass and illegally evict tenants.

      http://www.landlordzone.co.uk/harassment.htm

      Comment


        #4
        Hi Jinny & Beeber,

        They are tenants in my flat not lodgers (sorry), as mentioned the only income that have now is her widows pension and as from this month her employer is no longer paying her sick pay. She has become ill (problems with her arm) and can no longer work. I believe she is a trying to get benefit etc.. and he is trying for carers allowance to look after her.
        Section 21 has been serve on the 22nd March, they are over 3 weeks late with March's rent (not the first time late with rent, fully documented each time). Therefore I believe they are in breech of their contract.

        My question is can I start eviction procedures immediately through the claims court as they are in breech of their contract??? How do I start this process and can bayliffs be contacted at this same stage to quicken and ensure the process- hoping to save the sale of my flat which is due to complete on the 23rd of May.

        Many thank for all your comments.

        Cheers.

        Comment


          #5
          I don't have sufficient experience to advise you of the process. More experienced posters should be able to advise you whether you have any options that will accelerate possession.

          The link that I posted for you indicates that you may have to do it in stages which, if the tenants opt to stay, could potentially set you at least a few months past the prospective completion date on the sale of your flat.

          The lag is caused by the delay in getting a court date after the notice expires, a delay before the possession order becomes enforceable and a potential delay (if the possession order is granted and the tenants ignore it) in obtaining a bailiffs warrant and an appointment for them to enforce it.

          Stages to be Followed - Possession Procedure:

          - The landlord serves a valid notice
          - Notice expires and the landlord applies to the county court for a possession order (estimated by a previous poster to take up to 6 weeks)
          - The tenant answers the claim either with Admission, Defence or Counterclaim
          - Accelerated Possession procedure can be followed if it's an Assured Shorthold Tenancy
          - Courts can then grant:
          A possession order (enforceable within 14 to 28 days)
          A suspended possession order
          - Possession order becomes enforceable
          - Landlord applies for a bailiffs warrant
          - Bailiffs enforce the warrant

          Comment


            #6
            Hi Landlordf,

            I think you'll find, you will have to go down the legal route like i said in my first post, i don't think you can start any sort of proceedings until you have the warrant for possession from the judge, which would be sometime in may/beginning of june.

            If your tenant is in the process of claiming benefit etc, then the local council will proberbly be more helpful to them in finding another accomodation.

            Someone else on here will proberbly explain it better to you, as i am only speaking through my own personal experience as a tenant myself who had to deal with a horrible agency.

            BUT DO NOT try changing the locks whatever you do, you will be done for it. Jane.

            Comment


              #7
              you could trying serving them notice under grounds 10/11 etc of HA which is late/persistant arrears but only if you have proof of this - however this is a discretionary ground for eviction -much better for then to be 2 months in arrears and u can serve under Ground 8 which means you will in most cases get possesion but like others have said it does take time.

              Comment


                #8
                Poppy,

                If the op's tenants do get into 2 months arrears, and he serves a sec 8, they could get the arrears down below the 8 weeks and he would have to start all over again wouldn't he? or could he serve sec 21 and sec 8 at the same time?

                Comment


                  #9
                  many thanks everone for your help,

                  Just to let you know more info regarding my tenants, they have now been late 6 of the 11 months in rent payment. Feb 22nd rent is short by £10. This months March 22nd they have only paid me £400 of £595 (over 3 weeks late).

                  A question if they were £10 short on Febs 22nd rent and have only paid £400 of March 22nd rent, how does it work in regards the £10 short, is it taken from the £400 of March's or is it technically that they have still not paid Febs (£10). If this is so then they are over 7 weeks overdue in rent for Febuary's. So I could then serv section 8 ???? as soon as they are two months over due on febs????
                  Also they have carried out work on my flat twice (repairs) with out my written permision and subtracted it from my rent without telling me (breech of short term tenancy agreement). They also failed to inform me that there was a leak in the bathroom, and I was contacted by the downstairs flat where the water was running into.

                  They just fail to communicate with me, I have to ring them all the time.

                  I can not afford to lose my buyers and also my contract has ended regarding my mortgage so im paying a much higher interest rate as of April. So if the tenants continue to not pay all my rent then potentially I could lose the flat as i wont be able to afford the mortgage.

                  This is becoming a nightmare !!!!

                  Comment


                    #10
                    Originally posted by LandlordF View Post
                    Feb 22nd rent is short by £10. This months March 22nd they have only paid me £400 of £595 (over 3 weeks late).

                    A question if they were £10 short on Febs 22nd rent and have only paid £400 of March 22nd rent, how does it work in regards the £10 short, is it taken from the £400 of March's or is it technically that they have still not paid Febs (£10).
                    It just means that as of March 23 they were £205 in arrears with the rent.

                    So I suppose that of the £400 they paid on March 22, the first £10 goes to pay off February, if you want to look at it that way.

                    Comment

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