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    • Luke Rob
    • By Luke Rob 7th Jan 18, 10:18 PM
    • 2Posts
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    Luke Rob
    Some help regarding a house my dad rents out
    • #1
    • 7th Jan 18, 10:18 PM
    Some help regarding a house my dad rents out 7th Jan 18 at 10:18 PM
    Hi alittle bit of a back ground story, My dads Grandma passed away and therefore ended up with her house, this was back in 2007-2010 house prices where not brilliant and wasn't worth selling etc.

    We have had the house rented out since July, The house is in a poor area, so the only tennants are people that can't afford to put down a substantial bond etc. So the tennant that is in there with his partner and 3 kids, now owe £1000 in rent, started missing payments in november and over the christmas period, tennant won't answer calls,texts etc. Tried to get the council involved but not very helpful etc, Is there anyway i can get some of the rent owed back from the council, his father also co-signed the lease/agreement.

    Why the price of houses has gone up my dad is thinking / wanting too sell the property with all the hassle he has had over the years from renting, How can we get the tennant out without spending a fortune on legal fees???


    Kind Regards

    Luke
Page 1
    • 00ec25
    • By 00ec25 7th Jan 18, 10:28 PM
    • 5,787 Posts
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    00ec25
    • #2
    • 7th Jan 18, 10:28 PM
    • #2
    • 7th Jan 18, 10:28 PM
    assuming the property is in England or Wales (not Scotland or NI).... please go and read every word of everything on this page and all the links therein, then come back when you have at least the basic knowledge of how to be a LL, how to serve notice, how to chase rent and what a council will and won't do in terms of housing benefit

    and no you cannot escape legal fees unless you want to be the one facing the court for illegal eviction

    http://forums.moneysavingexpert.com/showthread.php?t=5180214
    • Red-Squirrel
    • By Red-Squirrel 7th Jan 18, 10:28 PM
    • 2,172 Posts
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    Red-Squirrel
    • #3
    • 7th Jan 18, 10:28 PM
    • #3
    • 7th Jan 18, 10:28 PM
    If you want the tenant out, you have to go through the correct legal process to evict them. This usually costs money unless the tenants decide to go before they actually have to.

    Getting them out any other way is against the law.
    • G_M
    • By G_M 7th Jan 18, 10:32 PM
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    G_M
    • #4
    • 7th Jan 18, 10:32 PM
    • #4
    • 7th Jan 18, 10:32 PM
    00ec25 has linked you to posts which should help.

    But briefly, and subject to the country involved and type of tenancy:

    1) no the council won't pay off a tenant's debts to a private landlord

    2) you could evict for arrears via a S8 ground 8 notice if the arrears are 2 months rent or more

    3) you could evict via a S21 Notice if the tenancy is periodic, or near the end of its fixed term

    4) and/or you could sue for rent owed, though if the tenant has no money this won't get you paid
    Last edited by G_M; 07-01-2018 at 10:36 PM.
    • deannatrois
    • By deannatrois 7th Jan 18, 10:34 PM
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    deannatrois
    • #5
    • 7th Jan 18, 10:34 PM
    • #5
    • 7th Jan 18, 10:34 PM
    When making out a possession order and bailiffs warrant the judge will normally order the defendent (the tenant) to pay the court costs to the LL (your father). But I suspect you won't have much chance of getting this back. You can ask bailiffs to collect goods/money towards rent arrears when they evict but this costs more money and there's no certainty they will be able to get anything.

    The court costs for eviction (posession order and bailiff's warrant) are under £500, and a S21 will need to be issued.

    Was any deposit collected at all (what you are calling a bond)? This will need to have been protected. If it wasn't, it will need to be returned in full before a S21 can be issued.

    Be aware the tenants may leave damage/goods behind.
    Last edited by deannatrois; 07-01-2018 at 10:38 PM.
    • G_M
    • By G_M 7th Jan 18, 10:37 PM
    • 42,781 Posts
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    G_M
    • #6
    • 7th Jan 18, 10:37 PM
    • #6
    • 7th Jan 18, 10:37 PM
    when making out a possession order and bailiffs warrant the judge will normally order the defendent (the tenant) to pay the court costs to the ll (your father). But i suspect you won't have much chance of getting this back. You can ask bailiffs to collect goods/money towards rent arrears when they evict but this costs more money and there's no certainty they will be able to get anything.

    The court costs for eviction (posession order and bailiff's warrant) are under £500, and a s21 or s8 will need to be issued.

    Was any deposit collected at all (what you are calling a bond)?
    Originally posted by deannatrois
    :t.......................................
    • csgohan4
    • By csgohan4 8th Jan 18, 7:54 AM
    • 4,129 Posts
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    csgohan4
    • #7
    • 8th Jan 18, 7:54 AM
    • #7
    • 8th Jan 18, 7:54 AM
    Don't skimp on the money as 1 month could become 10 months with the arrears racking up. Get professional advice and evict them through the right channels.
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • saajan_12
    • By saajan_12 8th Jan 18, 9:00 AM
    • 1,038 Posts
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    saajan_12
    • #8
    • 8th Jan 18, 9:00 AM
    • #8
    • 8th Jan 18, 9:00 AM
    If the tenants aren't paying, then focus on evicting them before arrears rack up too much.
    - Issue a Section 21 notice giving 2 calendar months notice (or expiring after the fixed term ends, whichever is later). This will be slower than Section 8 but guaranteed to work if your notice is valid.
    - Also issue a Section 8 notice if the arrears exceed 2 months' rent. This will be faster but may fail if the tenants pay down arrears.
    - When notice expires, apply to court for a possession order
    - Apply for bailiffs to evict.

    You have to pay the court & bailiff costs upfront but can claim them back from the tenant (if they have the money).

    You can also sue the tenant for rent arrears, and get a CCJ against them. Again, you have to pay the court & bailiff costs to collect the money upfront and can claim this back from the tenant, but only works in your favour if they have the money for the arrears + costs.
    • Margot123
    • By Margot123 8th Jan 18, 9:17 AM
    • 529 Posts
    • 539 Thanks
    Margot123
    • #9
    • 8th Jan 18, 9:17 AM
    • #9
    • 8th Jan 18, 9:17 AM
    You don't mention a tenancy agreement or protected deposit.

    Have these been in place since the tenants took possession? If not, you are on a hiding to nothing.
    No contract would equal no breach of contract.

    Fingers crossed this was all done correctly.
    • theartfullodger
    • By theartfullodger 8th Jan 18, 10:21 AM
    • 9,238 Posts
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    theartfullodger
    ........We have had the house rented out since July, The house is in a poor area, so the only tennants are people that can't afford to put down a substantial bond etc. So the tennant that is in there with his partner and 3 kids, now owe £1000 in rent, started missing payments in november and over the christmas period, tennant won't answer calls,texts etc. ......... How can we get the tennant out without spending a fortune on legal fees???


    Kind Regards

    Luke
    Originally posted by Luke Rob
    ....spelled "tenant". Which indicates (excuse bluntness) ignorance of the basics of landlord/tenant matters & law.

    Was property transferred with land registry? Who is named as landlord on tenancy agreement?

    I fear you will have other errors. If landlord didn;t serve (serve rather than happened to have) GSC, EPC & "How to rent" booklet then s21 eviction will be tough. Have you done - and filed - "right to rent" checks, please?

    Issue s8 g10&11 at least TODAY! (s8g10 may be issued if only 1p is underpaid). Are there any repair issues - these likely to delay or throw out any s8 eviction case. Consider also starting MCOL small-claims today so they get a CCJ quicker.., against tenants & co-signatory.

    How get tenant out without a possible fortune in legal fees? Bribe tenant (I wouldn't, especially one like this). You could explain if they leave today/this week (then signed surrender deed) you may be minded not to pursue rent arrears etc: But do so anyway. (I 'ates crooks, be they tenant, landlord, MP..)

    Do not give any reference or only a full, honest, one.

    NB (I made way more painful errors when I started as a landlord: If you/dad want to continue as a landlord I suggest education, courses: Which will cost money & time, but probably a lot less than ignorance costs).
    Last edited by theartfullodger; 08-01-2018 at 10:35 AM.
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