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Hi guys i really need your help

 

i have a property which i have rented out through agency.

 

Everything was fine until feb this year. I wanted to sell this house so i gave section 21 noticeon 15th Feb to end agrreememnt in May. this is more then enough notice from my side. since then tennents did not pay the rent.

 

also i wanted to take pictures of the house for sale purpose. i gave 1 week notice to tennents that i will be attending the property with professional photograper. tennents did not communicate with me. so as planned i went to the property with letting agent and photographer. While we were taking photos one man entered the property and claims that he lives here with his wife. he had driving licence registered on same address. There was only 2 ladies registered on tennecy agreement. This man stared to be aggrasive and abusive towards us. We have to call police to get him out of the property.

 

yesterday i had a meeting with my tennet(lady) along with letting agent. She clearly not intrested to pay the rent. She wants me to evict her through court. The tennency was for 2 ladies and 2 kids. But looking at the state of property its seems there are more then 6 ppl live there.

 

so... thats the situation i am in. I would much appriciate your help/advise in this matter.

Thanks

Edited by honeybee13
Paras.
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Hi Sutha

 

Welcome to CAG - You will get some advice shortly, however you may have to go down the legal route to get this resolved.

Please bare with us.

 

We could do with some help from you.

 

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Unfortunately you'll have to go through the courts to kick them out.

Because there are children living in the property, the tenants could get a council property quite quickly by showing the notice you've given them, but why would they do that if they're living rent free?

Did you have a guarantor agreement by any chance?

Also, read the letting agent contract, a long shot but they might have been offering guaranteed rent when you signed up.

If you have to evict them through the court, come back here where you will find experts in this area.

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Ok, i'm not an expert, but by reading other threads you have to issue a valid section 21 notice which sounds like you already did.

We assume that everything is above board and the deposit has been protected within 30 days of tenancy start and tenant received information pack, the agreement is a AST and there's proof that they're in rent arrears.

If all is as we assume, you now have to wait until the last day of notice.

A few reminders that they have to leave by that date is what I would do.

Please note: At this stage you're dealing with eviction and not rent arrears.

If you want your unpaid rent you can start a separate mcol.

You can seek a possession order and payment of rent at the same time, but I would prefer to keep the two separate because most times eviction on its own is quicker (no money involved).

It's your choice really, but the question you have to ask yourself is: If a win a claim for the unpaid rent, would they ever pay?

Have they got any asset that can be useful to hceo?

If the answer to both questions is no, I would not bother.

Back to the eviction: The day after expiry of notice check that they have not left the property.

A visit would be my preferred option, of course video documented in case the guy reacts stupidly.

If they're still there apply for a possession order via this site:

 

https://www.gov.uk/accelerated-possession-eviction

 

Then follow the procedure explained here:

 

https://www.gov.uk/evicting-tenants/overview

 

Good luck!

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the reason they are waiting for a court order for eviction is because they are more likely to be rehomed by the council if they do, despite the costs of evection being recoverable (most LL are just glad to get people out so they dont apply for costs) Councils often erroneously tell people they arent homeless or have deliberately made themselves homeless if they dont do this, Completely wrong but councils dont ahve an endless stock of houses so they will misinform people to try and ease the pressures on them to rehouse.

So, looks like you have to go to court

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