12 people living in my flat- help me get them out

Kitten_Pie

Not sure if anyone can help but.......

I have rented my flat out through an agency for the last four years. Four months ago i got a new tenant in (I was informed that it was a man and his daughter). Initially I had complaints from my neighbour (who i am in contact with) regarding the noise- a letter was sent to the tenant from the agency, they said that it was when they were moving in and wouldn't happen again. Since then i have had numerous complaints stating that there are 12 people living in the flat which i have sent to the agency and they have sent further letters.

Last week my mother saw three people outside with single mattresses waiting to move in. I again spoke to my ex neighbour who said that he can see in the living room from his bedroom (there is a blind which they don't use) and said that the floor is covered in mattresses and that the noise is so loud he is having problems sleeping.

Today I contacted the agency informing them of the update and saying that as they are breaking the rules of the tenancy I want to give them notice. They have informed me that legally I have to give 2 months notice. Is there any way I can get round this. I appreciate that i have to give notice however surely because they are breaking the contract I should be able to give a month. I am petrified that they are wrecking the place and want them out as soon as possible.

If anyone has any advise i would be truly grateful - tried searching but I am more than a little useless when it comes to this site.

Thankyou Holly

Jomo

I don't think you can.

Even if they withheld payment I think you have to bide your time...

princeofpounds

It is not the agent's fault (well, it is in practical terms, but not from a legal perspective).

It is your fault because your agent's actions are yours as a LL. You chose to let to this person/people, and they have been bad tenants by subletting.

To sort this out will take time and there are a few details to consider in order to do it properly, but you can only get them out with a court order. So you must serve a legally valid notice ASAP and then go to court.

I don't have time to get into the details right now I'm afraid but in the meantime someone will come along, or...

Try heading to landlordzone forums to understand how to do that. People here can also help but are not quite as specialist.

Kitten_Pie

Thank-you I will have a look at landlord zone.

Sorry if i implied that it was the agents fault - they couldn't have seen this coming any more than myself. I'm just trying to work out if i can give them less notice whether that be by taking them to court or some other way.

Just want to keep legal, I may not be the best landlord but I don't want to be the worst.

Also their tenancy began on the 24th of the month, does that mean that i have to give them two months from the 24th July. Which would mean almost 3 months notice from today.

Tassotti

Sorry for your troubles...Unfortunately, the law is AGAINST you on these circumstances.

Legally, you must serve a Section 21 notice giving them two months to leave.

If they don't leave, you must then get a court order to get these people out. (all at a cost to you)

Illegally, send the boys round, physically throw them out and change the locks (could bite you in the rear, but I doubt it)

Jowo_2

You could check the grounds for serving notice but many are at the discretion of the judge whereas the S21, as long as it is filled in correctly to give the 2 months notice, is known as a no fault notice and will be granted. When does the AST expire?

Notice by Landlord
To end a shorthold tenancy the landlord must give at least two months' notice under Section 21 of the 1988 Housing Act. For notices - see Agreements & Forms
The notice cannot take effect for at least six months or until the original agreed term has expired.

There is nothing to say you cannot give more than two months' notice. Therefore a landlord could service a two month Section 21 notice soon after the granting of a six month term to take effect at the end of that term.

http://www.landlordzone.co.uk/notice_to_quit.htm

http://www.landlordzone.co.uk/Possession.htm

http://www.landlordzone.co.uk/grounds_for_possession.htm

90% of problem tenants can be screened out before being granted a tenancy. What kind of references, credit check, etc, was done by your agent? Have a look at the following link to select a new agent.

http://www.landlordzone.co.uk/agents.htm

Jowo_2

Tassotti wrote: »

Illegally, send the boys round, physically throw them out and change the locks (could bite you in the rear, but I doubt it)

Criminal offence, punishable by prison or enormous fine, plus a large compensation claim by the tenants.

G_M

Not sure if it would work but how about the council route? H & S? Illegal House of Multiple Occupation? They might enforce on safety grounds.

But I'd check you don't end up in deeper (HMO) mess before taking upo this route. Discrete enquiries first.

Landlordzone....

Jowo_2

Kitten_Pie wrote: »

Sorry if i implied that it was the agents fault - they couldn't have seen this coming any more than myself..

Are you sure? Have you seen the credit report, previous landlord references, employer references, confirmation of previous addresses through the electoral register, etc, that you paid your agent to do? Demand to see them and then double check them yourselves.

Kitten_Pie wrote: »

Also their tenancy began on the 24th of the month, does that mean that i have to give them two months from the 24th July. Which would mean almost 3 months notice from today.

Can't answer this but whatever you do, do your research thoroughly about how to complete the notice and serve it or you will be at square one if it reaches court in several months time and you have so much as one field completed incorrectly or can't prove that it's been sent. If you don't feel up to it, have a look at the landlord action site as they have fixed fees and much experience in this area.

Pee

Just what I was about to say, it is an illegal house of multiple occupation. You want to speak to a solicitor to make sure that you don't end up in trouble for having let it on this basis.

ILW

I would suspect that if they are living like that there is a likelyhood that they are illegals. A quick call to the police may move things along.