How to evict a tenant

teepoo

I currently own and live in an apartment and I would like to evict one of my five tenants. Can someone please tell me how I do this and does anyone have any general advice? I have never had to evict anyone and I am not sure of the correct procedure. We have signed a tenancy agreement that means I have to give them four weeks notice.

Thanks.

[FONT=&quot]p.s. the reasons why I am evicting are smoking in the house, late rent payment and leaving the electric shower on (which meant that I had to replace it prematurely).[/FONT]

Soot2006

If you are living in the same house as your tenant, then I believe they are not a tenant but a lodger (please correct me if I am wrong), in which case you can give 4 weeks notice as per your contract.

If they are indeed a tenant, then 2 months notice must be given and you can't get away with saying different in your contract !

tek-monkey

So 6 of you live in the same apartment?

barnaby-bear

tek-monkey wrote: »

So 6 of you live in the same apartment?

oooh the tax implications.... oooh the HMO implications..... oooh more than two lodgers lots of regulations issues...... if any bits of jigsaw out of place Mr. tenant can have much fun and has you over a barrel........

mlz1413

teepoo wrote: »

I currently own and live in an apartment and I would like to evict one of my five tenants. Can someone please tell me how I do this and does anyone have any general advice? I have never had to evict anyone and I am not sure of the correct procedure. We have signed a tenancy agreement that means I have to give them four weeks notice.

Thanks.

[FONT=&quot]p.s. the reasons why I am evicting are smoking in the house, late rent payment and leaving the electric shower on (which meant that I had to replace it prematurely).[/FONT]

Your post is confusing, as you are asking how to evict and then asking if you need to give 4 weeks notice.

You can't evict someone until you have given them notice and they have failed to move out.

So have you given written notice to your tenant? Is the notice inline with the contract? Has the tenant refused to leave?

teepoo

Yes, 6 in an apartment (it is big). As far as I am aware, I can use the Rent a room allowance. But please let me know if I am mistaken.

Basically I would like her to move out and need advice from people who have done the same. I do realize that I need to give them four weeks notice.

I have not yet given notice, but I am trying to get everything in order before I do.

mlz1413

The rent a room scheme means you do not have to fill in a tax return if your earnings are less than £4250 pa - thats TOTAL not per room!

Do you have any knowledge of being a Land Lord, Houses of Multiple Occupancy, fire regulations, smoke alarms, emergency exits etc?

Is this really an apartment - as in a flat within a block?
Do the 'tenants' have their own rooms with their own door?
If a house is it over 2 or 3 floors?
Do you actually own this house or is it mortgaged? How is it insured?

teepoo

Excuse my ignorance, but I think I am lacking in that area. Where can I find this information?

Is this really an apartment - as in a flat within a block?

A flat within a block - 3rd floor.

Do the 'tenants' have their own rooms with their own door?

Yes

Do you actually own this house or is it mortgaged? How is it insured?

Mortgaged and it is insured through the flat management company.

tek-monkey

If you have a flat management company, why aren't they evicting her?

barnaby-bear

mlz1413 wrote: »

The rent a room scheme means you do not have to fill in a tax return if your earnings are less than £4250 pa - thats TOTAL not per room!

Do you have any knowledge of being a Land Lord, Houses of Multiple Occupancy, fire regulations, smoke alarms, emergency exits etc?

Is this really an apartment - as in a flat within a block?
Do the 'tenants' have their own rooms with their own door?
If a house is it over 2 or 3 floors?
Do you actually own this house or is it mortgaged? How is it insured?

http://lacors.gov.uk/lacors/ContentDetails.aspx?id=15426

This sounds well into HMO regulation territory...... and probably tax return.....

barnaby-bear

teepoo wrote: »

Yes, 6 in an apartment (it is big). As far as I am aware, I can use the Rent a room allowance. But please let me know if I am mistaken.

Basically I would like her to move out and need advice from people who have done the same. I do realize that I need to give them four weeks notice.

I have not yet given notice, but I am trying to get everything in order before I do.

What type of fire alarm do you have - what are the local HMO mandatory registration criteria as well as the regulations.....