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sajstars

Tennat wont leave - no agreement in place!

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Hi everyone, this my first post - but really do need some help. I have a property which has been rented out to a tenant for over the last year.

 

The property is a a large semi detached house in the middle of suburbia which is on a decent road and a decent area (tree lined, good schools)

 

Lately she has been giving me some grief, her rent has always been on time however last month she missed a payment and constantly annoying me. So I served notice - giving her one month notice to leave. (more time if she needs it)

 

The tenancy agreement was renewed last year - however at the moment it has expired.

 

The problem is - that she does not want to leave, telling me she has rights to stay in the property until which time she wants to leave. I find this a little strange - i understand that she will have rights - i acknowledge those and am willing to work with these rights. But i would like her to leave. How can i remove her - staying within the legal framework.

 

PLEASE PLEASE HELP! The women driving me a' crazy!

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Guest Old_andrew2018

I'm not expert but IMHO you will need to go to court, and seek an order for repossession

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Hi everyone, this my first post - but really do need some help. I have a property which has been rented out to a tenant for over the last year.

 

The property is a a large semi detached house in the middle of suburbia which is on a decent road and a decent area (tree lined, good schools)

 

Lately she has been giving me some grief, her rent has always been on time however last month she missed a payment and constantly annoying me. So I served notice - giving her one month notice to leave. (more time if she needs it)

 

The tenancy agreement was renewed last year - however at the moment it has expired.

 

The problem is - that she does not want to leave, telling me she has rights to stay in the property until which time she wants to leave. I find this a little strange - i understand that she will have rights - i acknowledge those and am willing to work with these rights. But i would like her to leave. How can i remove her - staying within the legal framework.

 

PLEASE PLEASE HELP! The women driving me a' crazy!

 

 

When tenancy expired the tenancy reverted to a periodic tenancy. You need to give her two months notice

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would you know what form or anything it is that i need to complete?

 

I don't mind going to court, the house does belong to me and the mortgage company - however the sooner the better i suppose - not sure how many mortgage payments without the rental income from it.

 

Thanks

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You need to give her a correctly worded s.21 notice giving her two months notice. If after the two months have expired she doesnt leave, you must make an application to the court to have her removed. You will only be able to use the s.21 route if you have protected her tenancy deposit in one of the x3 government schemes.

 

At any point she is 2 months in arrears (1 month and 1 day), you may also (instead of) issue a s.8 notice for rent arrears.

 

My advice would be for you to get some professional help to undertansd the situation and serve notice as you will get it wrong otherwise!

 

Does the mortgage company know you are renting it out?

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the mortgage company know that i have rented out the property, however not sure how sympathetic they will be. my credit score is ok, no bad rent, payments or anything...so dont want to destroy this.

 

so from the looks like it - i need to do some research into section 8 ground 8 notice.

 

thanks for all your help

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the mortgage company know that i have rented out the property, however not sure how sympathetic they will be. my credit score is ok, no bad rent, payments or anything...so dont want to destroy this.

 

so from the looks like it - i need to do some research into section 8 ground 8 notice.

 

thanks for all your help

 

The quickest route would be a s.21 notice. Are you suggesting you havent protected your tenants deposit?

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the tenant's deposit has not followed any protection, however it will be repaid after the tenant has completed their contract.

 

i have not put the money in a special bank account or anything

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the tenant's deposit has not followed any protection, however it will be repaid after the tenant has completed their contract.

 

i have not put the money in a special bank account or anything

 

I think you need to brush up on what the tenancy deposit protection entails. The Tenancy deposit schemes where enacted to protect tenants from Rouge Landlords (not you) and Amertaur Landlords (without question you).

 

Asumming the property is in England/Wales any deposit taken on or after 6th Aptil 2007 (or on contract renewal) needs to be protected in one of the three government schemes. The penalties for not doing this are that you cannot use the s.21 accelerated possesion route AND you are liable for a 'fine' (for want of a better word) of x3 the priginal deposit amount + the deposit, to be paid to the tenant, which is going to be a substantial amount.

 

I suggest you read up on your obligations and get the deposit protected immediatley as your tenant is likley to go to CAB/Shelter when you begin eviction proceedings and your wrong doings will then come to light.

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thankfully the deposit was taken in Feb 2007, however i will read the new rules regarding the deposit structure for my tenants.

 

i usually try and treat my tenants well, knowing that they will treat my property well, as i said previously the house is not usually wanted buy some people - so i usually get good tenants.

 

thanks btw

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thankfully the deposit was taken in Feb 2007, however i will read the new rules regarding the deposit structure for my tenants.

 

i usually try and treat my tenants well, knowing that they will treat my property well, as i said previously the house is not usually wanted buy some people - so i usually get good tenants.

 

thanks btw

 

If the contract was renewed after 6th April 2007 (which you imply it is from your first post), then the general feeling is that it should have been protected when the contract was renewed. You can do it for free with DPS so why not do it now?

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1. Protect your tenant's deposit NOW. http://www.direct.gov.uk/en/TenancyDeposit/DG_066391 - the first one is the free one. Easy to use. As Planner has already mentioned, If you do not do this, and your tenant gets advice, you may be sued for the deposit + 3x deposit.

 

2. If there is no AST (Assured Shorthold Tenancy) in place, then your tenant is on a (probably monthly) periodic tenancy which requires you as LL to give TWO months notice (Tenant can give ONE). You must issue a s.21 Notice for possession, but (a) the deposit HAS to be protected before you can do this; (b) you MUST get the dates on the notice correct.

 

3.

If at any point she is 2 months in arrears (1 month and 1 day), you may also (instead of) issue a s.8 notice for rent arrears.

 

I would actually suggest that if tenant is in such arrears, you issue the s.8 notice as well as the s.21 - a belt and braces approach.

 

As Planner has explained, since you obviously do not know tenancy law, you need proper legal advice in completing these forms or your applications for possession / payment of rent arrears will be rejected.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Hey there. All good advice.

 

When I first became a landlord I spoke to our local Housing Help Centre. They are a local council funded intermediary, who are there for tenants and for landlords. It's sometimes good to be able to just pick up the phone, innit? Our local council run regular landlord meetings, where you can sit and listen to utter drivel for an hour, but also meet other landlords.

 

Do you have these things locally? You can pick up some good leaflets from them, too.

 

REGISTER THE BOND! :eek:

 

;-)

Edited by iddles10

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