Trying to evict a wise tenant

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    Trying to evict a wise tenant

    Hi, everyone.
    I have got myself into a bit of a mess and need some help please , if only to prevent me committing murder.
    A had a couple take out tenancy 18.03.13 for 6 months . No bond taken as dont like the gov. deposit scheme. Asked for two months rent in advance written into agreement.

    She left in june 2013 due to abuse i.e violence from him . Asked him to leave and he did not .
    rent due 18th of month . £500 pcm.
    Only £220 paid June.
    No rent July
    No rent August
    7th Sept £500 paid

    Continued to pay rent but always very late and was short £20 in October and £40 in December when last payment made.

    Served section 21 in January with witness and required to leave by 17th march 2014.

    He refusing to pay further rent stating i had two months in advance.
    I have only inspected the property once in january and quite a bit of damage at least £500 if not more.

    He has told housing options that i am harrassing him and that I did not sign section 21 . BUT I DID and have copy signed by tenant also.
    Presume he has printed sect21 off internet and shown that to Housing. Housing options warned me that he is what they call a WISE tenant and to be careful.

    I have never had a key to the house since June 2013 when he pretended he locked out and took mine and did not return. i tried to get one again in November when gas engineeer went to do gas . cert.much to tenants dismay but he changed the barrel the next day .

    He has called the police on two occassions and accused me of burgling the house with my key and threatening him which i never have

    The police have told me best to stay away to protect myself.

    The police have also told me i not entitled to have key and must not inspect property again while he there even though it has only been done once.

    The Police have tried to arrest him twice in last few months and requested my assistance re entering but i explained i didnt have key.

    Will they damage my front door which is new to get in ??

    The door was fitted in May last year after person unknown kicked front door in to get to my tenant . Suspect he owed someone money but i had to pay for new door.

    Is the section 21 going to be a problem . Am worried he will convince court that it not served correctly , as i know he will not leave when required and will wait for me to get possession order .

    I am not flush at the moment as single mum with two expensive teenagers NOT phones ,x box , designer clothes, but school, college trips abroad , trips to Lourdes and daughter doing equine studies. Cant afford the horse but still very expensive

    House was lovely when tenants moved in . Fully renovated and decorated lovely . he painted newly plastered bedroom BLACK.

    Dont know if anyone had similar experience but need help.

    #2
    Can a joint tenant who is no longer resident give me consent to enter?

    Hi, I am new on here but need some advice .

    6 month tenancy was taken out Miss SMITH and Mr. Brown. Miss Smith left after three months due to abuse from Mr. Brown.
    Been trying to evict Mr Brown . He is what Housing Options described as a WISE tenant. Causing me many problems and not paying rent . Section 21 served and witnessed but he stating i didnt sign it. I DID and have copy. Housing Options said they have seen a copy with no signature and he could have possible just printed one off the internet, same as i did .

    Question is .. Can I approach Miss Smith and ask her to consent to me entering premises as per tenancy agreement to carry out repairs. There is some water damage to ceiling in kitchen after Mr Brown locked himself out and climbed on roof to get to window and ripped guttering off. Enviromental health been and done report.
    Is she still a legal tenant at the address as she never gave me notice and is sympathetic to me. ?

    Comment


      #3
      Landlord told she cannot have a key

      Hi, I rented house to couple last march. She moved out after three months due to his abuse . He pretended he locked out and took my key and did not return. i have tried to get a key several times . I did manage to get one in november when Gas man there for cert. . Tenant then changed lock next day . Police told me i cant have a key even for emergencies. I have done one house inspection in january when served section 21. Police told me i cannot do another one or it harrassment.

      Comment


        #4
        The tenants obviously do not want you to have one.
        Forget what the Police said. You could ask another, and he will say you can have one.

        Just evict them, and move on. I hope your Sec 21 is valid.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Who was named as tenant on s21?

          Was deposit protected within 30 days of receipt? Was PI served prior to s21 service?
          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


            #6
            In this context what does wise mean or stand for please?
            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


              #7
              Hi , I had a call from Housing Options and they advised me to be careful as he is what they call a WISE tenant.
              They told me that he has a lot of time to research on internet and will know how to manipulate to his advantage. Tenant has already contacted the above also the Police landlord liaison officer that works for the council and she has called me and advised that he is accusing me of harassment and of making threats. I can assure you am am guilty of neither .
              The police have also called me late in the evening to tell me that he is accusing me of harassment and of entering the property when he not there. I again explained that not true , and i have have not had a key to the property since the start of the tenancy which fortunately i was able to prove through letters and texts. the Police still advised me to stay away even though they have asked me for keys twice in last 6 months to arrest him on other matters which i could not supply. .
              He has fiddled with the boiler and stated was not working and he not paying rent , which he was not anyway . Gas engineer told me that there was no pressure and very little water in the system which was two years old. When he started to re fill the system two of the radiators valves were fully open and he had to close them quickly .
              He locked himself out and climbed on roof and ripped guttering off in two sections. Lots of rain damage to kitchen walls and ceiling. He then reported it to enviromental health and said he had written to me twice and i had not responded. He had not written to me. Enviromental health said I could not prove he had caused damage and therefore i must repair .
              He has been sub letting since his girlfriend left him and he knows there is nothing i can do about it .
              He knows he does not have to consent to inspection of property or to allow me to carry out repairs.
              He has printed a section 21 off internet off same site i used and put same dates but no signature from me and claimed i have not signed it so not valid.

              Comment


                #8
                HI, I am evicting , so hopefully will be rid soon . The police do seem to have varying views on landlords rights.

                As regards the section 21 . It was valid and served with a witness and I got tenant to sign his and my copy.
                He has since printed one off this site and filled in dates but obviously no signature. he has produced this to the police and housing options and told them i never signed it so it not valid. He thinks he is clever . ?
                I have my copy signed and dated by me and him.

                Comment


                  #9
                  He was named on the section 21 and it was served with a witness and signed by me and the tenant to acknowledge receipt on his and my copy.
                  I did not take a deposit . I took two months rent in advance written into tenancy agreement.

                  Comment


                    #10
                    "He has since printed one off this site and filled in dates but obviously no signature. he has produced this to the police and housing options and told them i never signed it so it not valid. He thinks he is clever . ?
                    I have my copy signed and dated by me and him. "



                    That made me lol, what a plank, must have forgotten he signed your copy, dear oh dear. Sounds like you might get lucky and he'll forget where he lives anyway, then you can have the property back without the court
                    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                    Comment


                      #11
                      Originally posted by reginamadden View Post
                      HI, I am evicting , so hopefully will be rid soon . The police do seem to have varying views on landlords rights.

                      As regards the section 21 . It was valid and served with a witness and I got tenant to sign his and my copy.
                      He has since printed one off this site and filled in dates but obviously no signature. he has produced this to the police and housing options and told them i never signed it so it not valid. He thinks he is clever . ?
                      I have my copy signed and dated by me and him.
                      Hmm, then they won't have to supply him a council house when you get a possession order.
                      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                      Comment


                        #12
                        As "the tenant" is still both of them (yes I know one moved out ) think your s21 is invalid.

                        Suggest issue new one, & post 2 copies from different post offices with ++free++ proof of postage
                        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


                          #13
                          Originally posted by theartfullodger View Post
                          As "the tenant" is still both of them (yes I know one moved out ) think your s21 is invalid.

                          Suggest issue new one, & post 2 copies from different post offices with ++free++ proof of postage
                          But isn't 'The tenant' a collective noun that refers to either one or both of them? Wouldn't the husband signing as tenant automatically include the wife?
                          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                          Comment


                            #14
                            Section 21 should be directed to the tenant as defined in the tenancy agreement. If both are named therein then the Section 21 must name them both as well.

                            A tenancy can't be determined with respect to, or notice served on, only a fraction of 'the tenant'. In this case both named parties together constitute 'the tenant', only one of them has been served notice therefore the tenant as a whole has not been served notice which is required by the act.

                            That being said, in the circumstances the common sense approach would be to say that the tenancy had been modified by the consent and actions of all the parties - I assume the wife isn't going to object to this or challenge the notice, but it's a potentially costly argument (in time and money) to lose in court so serving a new and unquestionably valid notice as artful suggests is probably the sapient choice, annoying as it will be to the OP.
                            I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                            Comment


                              #15
                              Three related threads have been merged.
                              I also post as Mars_Mug when not moderating

                              Comment

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