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  • FIRST POST
    • Leighannen
    • By Leighannen 21st Sep 16, 6:32 PM
    • 5Posts
    • 6Thanks
    Leighannen
    Accidental landlord - eviction advice needed
    • #1
    • 21st Sep 16, 6:32 PM
    Accidental landlord - eviction advice needed 21st Sep 16 at 6:32 PM
    Hi

    First of all I will start by saying I'm in far too deep without the relevant knowledge to call myself a proper landlord. And it's only now that I find myself in this tricky predicament that I've come to that realisation.... and basically not sure which way to turn.

    Last december I rented my property to a young family and almost immiadiately regretted it. The complaints started flowing both from neighbours and the LHA ( the property is a block of 6 and ex council) on each complaint I dutifully visited the tennants went through the issues ( noise, littering, damage to communal areas, fly tipping, breaking H&S rules... list goes on, but that gives you a general idea) and on each occasion was given assurances that there would be no further issues. It would go quiet for a month then I would get more complaints in! But all stayed pretty amicable with the tennants through these issues
    Anyway in June I got another letter from the LHA more damage, more noise, fly tipping, being abusive to one of their housing officers. Again I went to see the tennants and agreed that it wasn't working out and they would be best finding somewhere else. We agreed 2 months notice( giving them plenty of time to find elsewhere) and that was that. Again, still all amicable and no issues on that front

    Two weeks ago I receive a call from tennants, they are in the local council office and advising that i have not given the proper notice, contract expires 1st Dec and I can't do anything about it. Speaking to the HO, she advised the only thing I can do is issue eviction notice under section 8 and then they will act.

    So now I have issued a section 8 eviction notice citing grounds 12, 13 & 14 but the council have advised tenant to sit tight until court order and bailiffs are involved!!

    So my question is do I go down the route of attempting to get the court order under S8, which from what I have read may take months and might not be a given if judge takes pity on them. Or do I wait until the 12 months is up and then what route is available to me?

    To top it off things have really turned sour with the tennants and they have refused to pay this months rent( which was due on the 1st)

    Any advise? Apart from give up on being a landlord 😢

    Thanks in advance
Page 2
    • Pixie5740
    • By Pixie5740 8th Oct 16, 1:24 PM
    • 8,851 Posts
    • 11,858 Thanks
    Pixie5740
    How did they get out? Did the serve you notice (in wiring), agree to a mutual surrender (in writing) or just abandon the property?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Leighannen
    • By Leighannen 8th Oct 16, 4:25 PM
    • 5 Posts
    • 6 Thanks
    Leighannen
    I asked them to leave and they left...
    • G_M
    • By G_M 8th Oct 16, 4:37 PM
    • 37,049 Posts
    • 40,973 Thanks
    G_M
    I asked them to leave and they left...
    Originally posted by Leighannen
    Did you get anything in writing from them (surrendering the tenancy)?

    The risk is they boomerang back, claiming they never gave up the tenancy, or worse, that you illegally evicted them.

    Do you know where they went? Pursuing them for rent arrears/damage is an option (they should not be allowed to get away), but has risks
    * that they use the deposit penalty in retaliation
    * that even after a court order, they have no assets with which to repay you
    • Crashy Time
    • By Crashy Time 9th Oct 16, 5:42 PM
    • 2,907 Posts
    • 1,686 Thanks
    Crashy Time
    A start in understanding the Landlord/tenant game might be to recognise that there are only 2 "n"s in tenant.

    Do either RLA or NLA basic landlord course to get rapidly aware of your responsibility.

    Who's fault was the accident do you think?
    Originally posted by theartfullodger

    Spelling won`t make much difference here, this is about the law, and reading people`s character before you deal with them.
    • Crashy Time
    • By Crashy Time 9th Oct 16, 5:44 PM
    • 2,907 Posts
    • 1,686 Thanks
    Crashy Time
    How did they get out? Did the serve you notice (in wiring) agree to a mutual surrender (in writing) or just abandon the property?
    Originally posted by Pixie5740

    Putting your notice to quit in the wiring can be dangerous, it could start a fire.
    • Pixie5740
    • By Pixie5740 9th Oct 16, 6:14 PM
    • 8,851 Posts
    • 11,858 Thanks
    Pixie5740
    Putting your notice to quit in the wiring can be dangerous, it could start a fire.
    Originally posted by Crashy Time
    In wiring doesn't necessarily mean the wiring in property. You could have something pretty like this...



    Alternatively the OP could just ignore the advice given and the information in G_M's guide and "ask the tenants to leave."
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Crashy Time
    • By Crashy Time 10th Oct 16, 11:33 AM
    • 2,907 Posts
    • 1,686 Thanks
    Crashy Time
    In wiring doesn't necessarily mean the wiring in property. You could have something pretty like this...



    Alternatively the OP could just ignore the advice given and the information in G_M's guide and "ask the tenants to leave."
    Originally posted by Pixie5740

    Very nice....
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