Getting a tenant out who's contract has ran out

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    Getting a tenant out who's contract has ran out

    Good evening all, I was wondering if anyone could offer me advice, I have one property which I lived in but now rent out & for the last 18 months a woman with 3 kids oin benefits has been in there, her contract ran out in November & the house is a disgrace & she has fell out with all th neighbours. I typed up a form & we both signed it saying she would leave in a month but when she took it to the council they said it wasn't legal. I went to see the council to see what i needed to do but they wouldn't help me as they are paying for her to be there & don't want the hassle of rehousing. I have looked on the internet & found form 6A but don't want to get it signed only for it to be rejected later down the line. I have a £200 bond but estmate the damage in the house to be around £700. I just want her out of the house as she has been promising to do the repairs for 6 months now but nothing is (or will happen) as she is bone idle! I have been told about a section 21 but can't find the form online?
    Apologies as I really don't know much about this but any advice is greatly appreciated.

    #2
    You need to give more specific information please answer the questions in the sticky thread at the top fir new posters.
    Any advice I give is my opinion and experience, I am as you also learning.

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      #3
      What is this bond? £200 cash that you took as a deposit and have to hand somewhere? Council are correct about your hand written note and it not being legal, you need to issue a section 21 https://www.lawdepot.co.uk/contracts...1#.WEclBXRFDqA

      Council will not help you evict the tenant and probably suggest she stays put until youve gone to court and paid for bailiffs to attend.
      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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        #4
        The Contract has not expired, may be the fixed term. If so T has a monthly SPT, so valid s21 required, then Court + Bailiffs for legal eviction, unless T voluntarily surrenders T.

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          #5
          Originally posted by lagarr View Post
          I have looked on the internet & found form 6A but don't want to get it signed only for it to be rejected later down the line.
          That's kind of how this works... you need to issue a valid s21, and to do so you need to issue it in a prescribed format. You should also note that one month's notice from a landlord to an AST tenant is simply NEVER legal. If your contract has that term in it, it's unenforceable. 2 month's notice is the minimum for the expiry of s21, and that just lets you take the matter to court. It doesn't guarantee possession by end of 2 months.

          Originally posted by lagarr View Post
          I have a £200 bond but estmate the damage in the house to be around £700.
          And is that deposit protected? If not, it'll scupper any s21 before you protect it and issue PI.

          Originally posted by lagarr View Post
          I just want her out of the house as she has been promising to do the repairs for 6 months now but nothing is (or will happen) as she is bone idle!
          She doesn't really have an obligation to repair as she goes, she could do all work before moving out, so long as she handed property back in same condition (taking into account fair wear and tear) as she took it.

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            #6
            I have the £200 in a separate bank account, what do you mean by protected? Sorry until this tenant I have only rented to a friend so had no issues with damage or trying to evict & sadly it is not something I know much about.

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              #7
              Better start learning or you could find yourself in a very expensive pickle.
              Any advice I give is my opinion and experience, I am as you also learning.

              Comment


                #8
                Yoir probably in for a shock as to how hard it is to shift someone from your property, especially if she digs her heels in.

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                  #9
                  Protected means following a law about deposits which came in 9 years ago.

                  Your section 21 won't be valid until you sort the deposit issue out.
                  "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                  What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                  Comment


                    #10
                    Which means returning full deposit before you serve s21.
                    T can still sue you for 1-3x deposit penalty within next 6 years, so already pot out of pocket by £800.
                    £200 deposit seems remarkably low - how much is rent pcm?

                    Comment


                      #11
                      Originally posted by lagarr View Post
                      I have the £200 in a separate bank account, what do you mean by protected? Sorry until this tenant I have only rented to a friend so had no issues with damage or trying to evict & sadly it is not something I know much about.
                      You can't serve valid notice until after you've returned the deposit. Until you do that there is no legal way to remove the tenant from your property, unless they will willingly sign a deed of surrender.

                      You'll possibly get sued for a penalty of 1x-3x the deposit amount, which although relatively low in your case is obviously not fantastic.

                      Suggest you take a course in being a landlord or you're likely to end up in a similar situation in the future.

                      Comment


                        #12
                        You can't serve valid notice until you've returned the deposit, no point protecting it now.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                          #13
                          Sorry, my bad. OP, jpkeates is right.

                          Comment


                            #14
                            Thanks for all the advice, for the 2nd Christmas Day in a row I have had a phone call from a neighbour saying police were on their way due to noise/fighting at the property. Could I just hand back the keys to the building society & walk away from the house?
                            Masriner - The monthly rent is 450 of which the council pay 415 & she pays the remaining £35 although I rarely get it the 1st time I call for it, she says she will pay it direct debit but never does & still owes £20 from this month.
                            I know I will have tyo give her the deposit back despite the damage she has done but if i get her to sign a deed of surrender would that help me get her out any easier/quicker?
                            Thanks again for the advice.

                            Comment


                              #15
                              While it's nice of the neighbours to let you know, the tenants behaviour isn't something you are responsible for or can do much about.
                              Your building society won't let you walk away, they'll want vacant possession (and if you simply hand possession back to the lender, your credit history will suffer, and you'll probably never be able to get another mortgage).

                              Return the depost to the tenant (you can send them a cheque or agree with them to use all or some of it for the rent).
                              Serve notice and go through the process of getting your property back.

                              It can be stressful, but it's not that complex, it just takes time.
                              If you are not confident, pay a solicitor or specialist repossession service (advertised on this site) to do it for you.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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