Tenant not leaving on the due date of eviction . What happens next.

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    Tenant not leaving on the due date of eviction . What happens next.

    Hi All

    We sent a eviction notice to our tenant when we found out he was not living in the house for more then a year and subletting a room as we'll.

    He was supposed to have left on June the 4th, on the 4th date he contacts the letting agency to ask for more time to vacate as he is in Dubai .

    I can't help be very angry as he had his notice period then on the date to move out asks for more time.

    He now says he will leave by the 10 th of June ,so not much of a wait really.

    But I have a suspicion he will come up with another story for then , so what happens next if he doesn't go ?

    My letting agent says they will be happy to send a letter to then go to the next stage but says that will cost me £300.

    As I said he hasn't lived there for a year but his family has who I believe have now left and the house is empty . It seems he is just now trying to get his own back.

    As the house is unoccupied but has some of his family's left belongings ,do I have to do what the agent says or can I go in and bag up his stuff.

    #2
    When you say 'eviction' do you mean he was issued with a Section 21 notice? Has a court order been applied for?

    Is his deposit registered in one of the approved schemes?

    If so what were the dates of he original tenancy and what dates where on the Section 21?

    We need the answers to all these questions to accurately help you further.



    Freedom at the point of zero............

    Comment


      #3
      Originally posted by Omega View Post
      We sent a eviction notice to our tenant
      In addition to Interlaken's questions, please explain exactly what was sent to the tenant (ie the wording), and when it was sent. From what you've said, it clearly wasn't an 'eviction notice'; certainly not in any legal sense.

      Comment


        #4
        Interlaken,

        It looks like I've worded it wrong ,the letting agent has sent a notice to vacate . I keep thinking of this a a eviction ,because he broke the terms of his tenancy . Sorry .

        Not sure what date his tenancy started ,I think it's been around 3 years now.

        As for his deposit the letting agent has deposited it in a scheme,again not sure which.

        He hasn't paid the rent for the last month and because he is over staying his deposit might just cover the rent owed if he leaves by the 10th, so nothing for any possible damages or mess left behind .

        One of my concerns is a car not belonging to the tenant but a friend of his which has been on the drive for 2 years .

        The agent says I should stick a notice on it stating if the car is not removed in 14 days it will be removed . Once a tenant leaves they have 7 days to collect any of the stuff or it belong to the land lord they tell me . But again
        This will cost me money as the deposit will just cover the rent ,if he goes by the 10th

        Comment


          #5
          Originally posted by Omega View Post
          Interlaken,

          It looks like I've worded it wrong ,the letting agent has sent a notice to vacate .
          A "notice to vacate" means nothing.

          Ask your agent if they have served a Sec 21 notice.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by thesaint View Post
            A "notice to vacate" means nothing.
            Ask your agent if they have served a Sec 21 notice.
            And if so, get them to provide you with a copy of it, as the dates they've written on it and wording are absolutely crucial (hint - many more incorrect S21 notices are issued than correct ones, with the result that they eventually get thrown out by the courts).

            Without knowing exactly what has been served on the tenant nobody can advise you how to proceed, other than by guesswork.

            Comment


              #7
              Omega - I think you have to think slightly further than 'it will cost me money' and the fact that deposit will cover rent owed. The tenant may well not leave when he says and he seem to think he is in control when really you need to be.

              There are 2 methods for removing a tenant - first is Section 21 which guarantees possession when served correctly and 2nd is a Section 8 where there are 2 months rent arrrears and maybe other reasons. Section 21 is the one to go for.

              Could be your agent will not have the ability to serve a Section 21 in which case come back here and we will tell you how. Yes it costs the court fee but you will be on your way to getting the property back.

              As for the car I expect it has no tax or insurance. I might inform the police that a vehicle has been dumped at my property and try to get to the owner from them - might work. Or get owners name from tenant saying car will be scrapped if he does not give info.

              Don't rely on your agent - you have just paid him to collect rent I suspect.



              Freedom at the point of zero............

              Comment


                #8
                This is complicated further as, as he is in Dubai & not resident in the property it is likely no longer an AST so S21 & S8 would not apply.

                In what sense is he "in Dubai"?? On hols or living there & he has been & will be??
                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


                  #9
                  Going slightly off topic I notice that a lot of tenants when not wanting to be found say 'I'm living/working in Dubai now' . As a seasoned Dubai goer since the late 70's I do notice a lot of ex pats and their offspring just hanging around living cheap.

                  Yesterday I had a complete twit ( a car salesman) come to view a property who was using the excuse of having lived in Teneriffe for 4 years (as a yacht charterer) as to why he could not be referenced. It was a short viewing.



                  Freedom at the point of zero............

                  Comment


                    #10
                    The neighbours say he working in Dubai but I don't know for sure ,then he emails the agent saying he is on holiday in Dubai .

                    If he vacates by the 10th then great but the car on the drive belongs to a friend of his dads who they say is in Australia and won't be back. To top it off there is no log book ,so it looks like I have to wait till the 10th .

                    The agent seemed sure about the 7 day right to retrieve goods then they become the property of the landlord,when that happens I will just phone the scrap yard to get them to pick it up .

                    Looks like I wait , so on Monday I will phone the agent to ask what they have actually served .

                    Thanks for the replies and I will keep you updated on what happens .

                    Comment


                      #11
                      The agent is not speaking through his mouth:

                      On the basis of that, do not trust anything else agent tells you.

                      Disposing of someone else's goods would normally be theft: Don't go there!!!
                      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


                        #12
                        It is does not matter even if LA has served a valid s21, T has right to remain after expiry, until Court repo order is made and T legally evicted by bailiffs.
                        T remains liable for property & rent until date of departure and risks having Court & Bailiff fees awarded agaist him.
                        s21 & s8 should be usable as T has informed LL he is on holiday and is still in occupation bt virtue of personal contents in property.
                        As for car, DVLA or MIDdatabase may be able to confirm whether the VRN has been SORNed or iss fo currently insured - legal requirements under continuous insrance legislation.
                        Abandoned vehicles can be scrapped after 7 day Notice has been affixed AFAIK.
                        As for personal contents, they should be safely stored for 3 months, with T allowed to recover them. Storage charges can be applied to T.
                        I think Agent (or his YTS) is confusing the 2, but don't dispose of car until you have legally evicted the T.

                        Comment

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