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sitting tenant

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  • eurows
    eurows Posts: 138 Forumite
    can you get the utilities cut off?

    Thats illegal. Using illegal meathods will only make it worse.

    People should cnsider tenants like this before they decide to rent out their properties.

    If you cannot afford to follow the action through the courts you should not be renting.

    B/S have departments that spend millions on debt and eviction. And thats to people who own their home.
  • eurows
    eurows Posts: 138 Forumite
    it cost me quite a bit to get him evicted through the courts and the git kept applying to the court for an extension too which he didnt get as i said he was giving me high blood pressure in my pregnancy lol

    It's a good job I doen't know the details of this and which court. I would definately send a copy to the judge. I hate people who lie and in court under oath - You are not one to be trusted.
  • eurows
    eurows Posts: 138 Forumite
    With this level of arrears, possession order is automatic

    Rubbish possession orders are not guaranteed.

    I cannot believe the amount of tripe given out in disguise of advice. You lot must be the worst landlords around - and probably the thickest.

    Amatuer btlers
  • daveboy
    daveboy Posts: 1,400 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    eurows wrote:
    Rubbish possession orders are not guaranteed.

    I cannot believe the amount of tripe given out in disguise of advice. You lot must be the worst landlords around - and probably the thickest.

    Amatuer btlers

    The OP doesn't need this kind of contribution to their problem. I would always ignore someone who needs to post three times within ten minutes, it suggests extreme boredom early on a Saturday morning, maybe you've been angered by something else and feel that MSE is your way of venting frustration.

    If you are able to suggest something that will help the OP, then do. Personally, from the above, it is clear who is lacking in intelligence. You spelt the word 'amateur' wrong.
  • If you just want to collect the arrears and not worry about eviction, can't you use the "small claims court" (not called that anymore) to enforce payment :confused: If you can, then you avoid the solicitor's fees

    You can make an online claim here
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • GDB2222
    GDB2222 Posts: 26,268 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    There's a fast-track possession order scheme if arrears are more than 2 months. All done on the paperwork, no court hearing, unless contested. It's guaranteed in the sense that the court has no option but to grant the order in these circumstances.

    Eurows is right in the sense that nothing is guaranteed in litigation. The defendant may put in a defence. The paperwork may be messed up. But, it is pretty certain.

    I would STRONGLY recommend the OPs get legal advice and do not try to do this themselves.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Natelle_2
    Natelle_2 Posts: 110 Forumite
    funky-footprints:

    You will find the information on this page a good starting point for your current problem in respect of the rules for possession of your property, depending of course on the type of tenancy applicable to your tenant.

    Look at Part 1, Chapter 1, paragraph 7.
    and also,
    Schedule 2 (at the bottom of the opening page)
    EJS
  • thanks again for your advise, my husband was chatting to a friend about this, who is by chance a solicitior, he has agree to do all the required deeds for £300 (mates rates?) papers have already been served so we are now waiting for a court date. Huge weight off our shoulders, madam will hopefully soon be homeless, and quite thankfully in this case, it serves her right.
  • Hi,

    I had the same problem as you when I bought a house with 7 flats and 7 DSS tenants in 2000. They DSS had been paying, but they all stopped within about 2-3 months, requiring new applications.

    Initially I used my solicitor, but it seemed that they only knew enough to cause more problems.

    I have never been able to evict a tenant due to arrears - the duty solicitor has always connived with them to create some false reason for them not paying the rent, and the judge threw the case out.

    I now do it myself and use the fast track Section 21 possession route and, whilst it takes longer to get to court, you are more certain of an order. I have evicted 7 tenants this way over the past 4 years, without problems.

    If you post on the newsgroup uk.legal you will get some detailed replies from myself and 2 or 3 other landlords, including web sites to download the court forms etc..

    Sorry I cant expand right now, but will try to make time in the newsgroup.

    With that in mind, you might want to educate yourself as to how the process works, and how the paperwork needs completing.

    Regds

    Richard
  • As a landlord myself, I have been advised, in a similar situation, to inform the tennant, urgent work needs carried out in the bathroom, get in and remove the loo & bath etc and then say you are having to move them out as you have found something serious wrong, which needs major work.
    As there is no sanity ware in the house, the tennant has to agree to move out. I don't know if its legal, however could be a quick fix, just remember to give them 7 days notice of work starting.

    Luvs
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