Contract ended, notice served, tenant won't leave

Lizzy

Hello, I hope someone can help.

I have a house by a university I rent it to students. Last year a spanish mature student (37) took a room who was only at college. The house is for 5 people but I only had two in it that year. This year from 1st Sept it is fully booked. People have paid Septembers rent already. The spanish girl with her ocd behaviour and tantrums made the other girl leave as she was unbearable to live with. I had to let her out of her contract and lost rent because of this.

I know the spanish girl is wierd and wondered if she would go or not at the end of the contract. She is supposed to be going to Manchester University. With this thought in mind I issued a notice of possession over two months ago which she refused to sign but said she was going.

Tonight she text me to say she needs an extra two weeks and for the other person to wait until she leaves !!!!:mad:. This is not possible as they are moving in on Tuesday.

Does anyone know what I can do to get rid of her as she has no excuses to stay on she knew she had to go. And of course what can my new tenant do ?? can he sue me or her and where is he to go. This is making me feel sick with just days to go until the 1st.

Thanks for any advice.

PasturesNew

You can't turf the existing tenant out... you'll have to coax her out with cash incentives.

You will have to re-house the incoming new tenant at your expense until the room's available.

Easiest solution might be to coax the spanish girl out with cash incentives into the accommodation you would have provided for the incoming tenant. e.g. maybe "I'll pay 2 weeks for you ... and a taxi to get there"

SouthCoast

An illegal eviction takes place if your landlord makes you leave your home without following the proper legal process. It is a serious criminal offence.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction/what_counts_as_illegal_eviction

Lizzy

SouthCoast wrote: »

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction/what_counts_as_illegal_eviction

Very good information thanks.

So what are the penalties then. Having been registered with the council for about 9 years and them never having a problem with me. Sounds like it could be worth the chance as they only prosocute in extreme circumstances. Her belongings will be safe, she will have to pay for a b & b (assuming she would have to pay me rent) what is her loss.

Benefit for me the boy gets his room. I would have to pay for him to stay elsewhere and no doubt he could sue me.
The spanish girl knew it was student accomodation only for a year. It's not like a home. She just couldn't be bothered to sort it out in time, if at all. She may be planning to stay a lot longer. She needs to go as she tampers with everything. Ruined new kitchen worktops with her ocd (over scrubbed) and even unscrews the smoke detectors !!

I found the website encouraging really. Someone is going to be upset either way.

I know this seems a flippent response but I'm dammed if I do and dammed if I don't.

Angelhales2601

You certainly are and I would hate to be in your situation, I do find it shocking she can just stay! But yeah maybe a cash incentive is the way t go but at the same time i dont see why you should have to pay!

vicstick86

I think some rather large scary men, who have nothing to do with you should go round and have a chat with her.........lol... sorry not overly constructive...

theartfullodger

I think some rather large scary men, who have nothing to do with you should go round and have a chat with her...

Brilliant! So they do that, she calls the Police (who eject the large gentlemen..) she contacts CaB or Shelter and they advise her (quite rightly & properly) and she then ends up staying for months whilst the LL explains to the court why he's been harrassing her & the court says she can stay...

Alternatively... nice friendly chat, what do you want etc... here's some £££, found you somewhere else, just sign this tenancy surrender letter...- oh you want more £££??, OK then here's £££££££££££££££££ - what even more, Oh OK here's £££££££££££££££££££££££££££££££££££££££££££££££££££££££££££ and £££££££££££££££££££££££££ just sign please please please....and be very, very polite about it & if possible have a witness around to confirm LL was behaving fairly...

Hopefully the Spanish tenant is following this thread....

Cheers!

Lodger

vicstick86

Please note the quote "who have nothing to do with you"

See thats why my suggestion is sensible.......
not really OP, dont follow my advice!!!!!!!

Just makes me so mad that poor lizzy has to offer cash to someone who has no right to be there!!!!!!!!!!!!!!! Stupid! This country has gone mad!

Hopefully mad spanish woman will scrub herself out of existance!

tbs624

I would say you have 2 possibilities here:

(1) You contact the incoming Ts and explain that a current T has "asked" to stay for an additional fortnight and offer some form of compensation to them: it's perhaps best not to share your personal views/experience of this current T.

Many students don't need to be back at Uni until almost the end of Sept unless they are saddos who want to seek out new "personal opportunities" during Fresher's Week or they want an early escape from the bosom of their families after a long summer back home with the old folk.

The drawback is of course that the current T may *still* not go after an additional fortnight at your property so.......

(2) Did this T pay a tenancy deposit and, if yes, have you scheme registered it?

You say that you served a notice of possession on her - hopefully it was appropriately dated and appropriately served. The question about the deposit is because you cannot serve a valid S21 Notice if the deposit remains unregistered. You don't have to have a Ts signature to show that a S21 was served btw. You can do it via recorded /special delivery or by hand with a witness. You should now write to her formally requesting that she gives up occupation of the property at the end of the Fixed Term and telling her that you will , if necessary, proceed to court for repossession of the property.

You could also tell her that if you lose your new T and she continues one day past her contract expiry date she will be legally obliged to pay for a full month's rent until/unless you can find someone else. Remind her that she will probably need a LL reference for any subsequent tenancy.

You say that she texted you - are you being equally informal in your dealings? Sometimes seeing something down in black and white, via good old snail mail, makes people get that you are totally serious.

If you didn't serve a valid S21 you *may* have a long drawn out process on your hands.

teeni

Lizzy wrote: »

Very good information thanks.

So what are the penalties then. Having been registered with the council for about 9 years and them never having a problem with me. Sounds like it could be worth the chance as they only prosocute in extreme circumstances. Her belongings will be safe, she will have to pay for a b & b (assuming she would have to pay me rent) what is her loss.

Benefit for me the boy gets his room. I would have to pay for him to stay elsewhere and no doubt he could sue me.
The spanish girl knew it was student accomodation only for a year. It's not like a home. She just couldn't be bothered to sort it out in time, if at all. She may be planning to stay a lot longer. She needs to go as she tampers with everything. Ruined new kitchen worktops with her ocd (over scrubbed) and even unscrews the smoke detectors !!

I found the website encouraging really. Someone is going to be upset either way.

I know this seems a flippent response but I'm dammed if I do and dammed if I don't.

the council may prosecute in only extreme circumstances but the police will arrest and charge you if she makes a complaint it is a criminal offence not just a civil one is it worth getting a criminal record over as this could effect your life in many ways

Trollfever

vicstick86 wrote: »

I think some rather large scary men, who have nothing to do with you should go round and have a chat with her.........lol... sorry not overly constructive...

They are called Bailiffs.

You will need a Court Order to employ them to evict a tenant.