Nasty Tenant Won't Move

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    Nasty Tenant Won't Move

    My nasty tenant refuses to move even though she has been served with the SEction 21 Notice. I have now found out (I live in America but my flat is in London) that Housing benefit has not paid her rent in 2 months and i'm now behind on my mortgage payments.

    She was sent the Section 21 Notice (as well as her lawyer who have now told us that they haven't been asked to act on the section 21 Notice on her behalf) by Recorded Delivery which she has not picked up because she knows she's been served. Does this mean that the section 21 notice isn't valid and I have to start all over again because she has not gone to the post office to pick it up? We sent it on July 25 for her to move out on
    October 9th (more than 2 months Notice given). She's obviously avoiding being served.

    She is not picking up her phone and my agent sent her a letter on July 15 that we will be conducting an inspection of the flat tomorrow Saturday July 18, she just called the agent very late this evening to say she's not available and will let them know when she's available.

    The rent is 2 months late (I've asked that she be served the SEction 8 Notice too) and she's refusing to move because she says she has nowhere to go. That's not my business. I'm afraid that i'm going to lose my flat because of this idiot who's living in my flat and is living their with her boyfriend when she lied to myself and Housing Benefit that she's living at the flat alone.

    Firstly, is the SEction 21 Notice still valid even though she did not pick up the recorded delivery from the post office in order to avoid being served?
    Secondly, if she doesn't contact the agent regarding another inspection date, can we send her another letter with a new inspection date and then go into the flat on that date regardless of whether she's available or not?
    Thirdly, how long after the Section 8 (for non-payment of rent) is served can we go to court?

    Any advice would be great. She knows my property has been up for sale since January 2007 and we found a buyer in April 2007. Luckily, the buyer is sitll in contract with me but I don't know how long they can wait. She's doing this because I refused to be blackmailed by her. She left a voicemail to say "scratch my back and i'll scratch yours'. She wants us to find her another place (we suggested that before to her and she refused), she wants us to pay one month's rent on that place, give her full deposit back (although she owes me rent), give her an extra 300 pounds, pay for movers to help her move and then she'll consider moving. I point blank refused! Can this voicemail be used against her in court?

    Thank you.

    #2
    When ever i have served a S21 I do it by recorded deliverly and get given prove of sending with it. The judge has never questioned wethever it got there and was happy with the stamped reciept that it was sent.

    I allways send copy by hand or get someone to as well and make a note of what time, what the weather was like and note what colour the door is etc. (just in case i get interigated about it)

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      #3
      This post may be useful http://www.landlordzone.co.uk/forums...ead.php?t=4352
      All posts in good faith, but do not rely on them

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        #4
        Regarding your strategy; i would write down the finacial implications of each scenario and chose the options that makes most financial sense...don't worry about the blackmail thing for now. She needs a place to live and she is within her rights to stay until legally evicted. Find out how long it will take to get your case heard and the time wait afterwards to get bailiffs to evict (varies from place to place)

        You may feel it is then worthwhile to make her an offer. But there is always a risk your buyer pulls out anyway.

        I think it will be hard to get a tenant like her new accomodation.
        All posts in good faith, but do not rely on them

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          #5
          Hi savvy,

          This is what I call a " Proper Tennant from Hell " she clearly knows what she is doing. You can NOT relet the flat or sell either so you are simply in a loosing situation here. Start all legal proceedings asap or better still bite your nails and give her what she wants and end the whole saga. A really tough one indeed. Good Luck!!

          Comment


            #6
            Thanks for all the replies. Section 21 Notice ends on October 9th and we'll file papers with the court then but I will not be giving in to her demands. NEVER. Everytime you give in to this type of blackmail, she will go somewhere else and do the same thing. Who knows if she did the same to her previous landlord. She's not getting a dime from me. We're talking about 2,800 pounds to give to a total asshole(excuse my French but i'm so pissed of right now) I'm a single parent and that money can go towards my son's education. So, no! I won't ever give in to her ridiculous demands. She owes me money not the other way round.

            Thank you all!

            Comment


              #7
              hi, really sorry to hear about this. Any chance of naming & shaming the tenant as I let a London property & live abroard. I know a former post here named & shamed a scammer but the moderator left only the initials after a day or so.

              My flat is coming up for renewal soon & I certainly don´t want any Jeremy Kyle watchers moving in.

              Good for you not giving the scammer a penny, sounds like she is straight trash who doesn´t deserve a penny of your hard earned & taxed income.

              Comment


                #8
                Originally posted by sharemaster2 View Post
                Hi savvy,

                You can NOT ...sell
                Yes, you can- just not (yet) with vacant possession.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                  #9
                  Hi Pool boy:

                  Ok, once the eviction is over, I will name the person. It's a female (single parent of 1 child, on income support, housing benefit, and other benefits), she's young - 23yrs old, caucasian, 5'5 - 5'8, wears a size 16) with initials L. S currently living around the Beckton London area.

                  Like Jeffrey said, I can sell. Luckily, the buyer is a housing group and they have patiently waited since May 2007 and they will wait until the tenant is evicted. She thinks by avoiding being served she can stay on in my flat for free. Well, I now know that we've served her and it's up to her to pick up her mail so hopefully, the judge shouldn't have a problem with that. We know she lives in the property because she called the agent on Friday and refused us inspection of the property on Saturday (although we gave her 3 days notice more than 48 hours). Can we give her another notice of inspection date and still go into the flat to inspect it regardless of whether she agrees or not?

                  She hasn't had a rent increase in 2 years. We increased her rent in May and she and Housing benefit have point blanked refused to pay the increase. Yes, she is a tenant from hell.....

                  Comment


                    #10
                    Amount of HB is irrelevant. If you want to increase the rent lawfuly, you can. Use section 13 of Housing Act 1988 (UNLESS the Tenancy Agreement already contains its own rent increase mechanism).
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by savvyrealtor View Post
                      Can we give her another notice of inspection date and still go into the flat to inspect it regardless of whether she agrees or not?

                      .....
                      You cannot enter without permission, unless its a bonafide emergency (fire, gas leak etc)
                      All posts in good faith, but do not rely on them

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                        #12
                        I thought that if notice of inspection was given in writing that the tenant had to let you in?
                        Please note i may be in pumpkin mode, the light might be on but i may not be here

                        Comment


                          #13
                          Originally posted by cillitbanger View Post
                          I thought that if notice of inspection was given in writing that the tenant had to let you in?
                          He is breaching the AST agreement by not allowing reasonable access by LL.

                          But if he refuses you permission and you enter, you are tresspassing and any such action could be criminal breach of The Protection from Eviction Act or Protection from Harrassment Act, and get Agent or LL in big trouble. Never force entry.

                          By granting a tenancy, sole occupancy rights of the property for the term are transferred to the Tenant. The LL has no right of access apart from when permission in granted . Once granted, eg in an AST, it can equally be taken away again by the tenant. He is in control.
                          All posts in good faith, but do not rely on them

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                          You can search the forums here:

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                            #14
                            In my view the AST is not worth the paper its written on. I am in the same situation. served the tenant two months notice that the contract will not be renewd and repossesion will be required at the end of AST, Although she has signed the eviction notice , three months on and she still has not moved out , she even have stopped paying rent for the last month.
                            Despite giving weeks advance notice She has refused LL inspection requests and even refused workmen entry to recertify the gas boiler which has expired months ago.
                            Despite all this, the state agent advises me not to take legal action or she will put her feet down till she gets evicted by the court which could take 2-4 months.therefore I am still waiting patiently with no action.
                            Whilst mortgages still has to be paid and rent has stopped and she refuses communication What am I suppose to do ??. If a tenant does not honer a single thing on the AST and yet gets away with it, is it really worth the paper its written on ?. I can't even persu my money when (if ) she moves out because she has changed employer.
                            Good luck .

                            Comment


                              #15
                              Arysamy. You need to start legal action now, how do you ever expect to be rid of your parasitic tenant otherwise? What do you mean you can't chase her for rent arrears becasue she has changed employer. If she's employed you might just stand a chance of getting some money back. Don't understand your position at all!

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