Contract ended, notice served, tenant won't leave

mynameisdave

bernard_shaw wrote: »

Maybe you would find yourself in less of a knickertwist if *you* were a 'proffesional' landlord, rather than the dilletante fool with a sense of entitlement which you have shown yourself to be on this thread. I'm sure you know what I mean.

Wow, somebody is in a bad mood.

OP has come on here seeking guidance for a problem they have. They are listening to the advice they are given and appear to be taking their obligation seriously.

They have offered the tennant who is losing their room alternative accomodation.
They have served the correct legal notice to remove them from the property.

But then why would you care how you respond. Not like its a real account anyway - most of your replieds have mocked a single individual who I notice gets a lot of stick from various people ion the house price forum.

On the off chance that you are a real account you'd do well to take notice to people like clutton and artfullodger.

They actually help while being stern where its needed. Not just throw abusive remarks around for fun.

Lizzy

UPDATE.....she has gone. Today (21st September) her course started in Manchester she has missed the first day but it was only induction. She left the house at 8pm tonight. So she didn't leave on the 16th as promised. Her room was not allocated to her until last Thursday 17th.

When she didn't go on the Wednesday I contacted my solicitor who said to start the ball rolling with the possession form which would cost £150 to lodge with the court. I agreed to meet him on the Thursday morning but just at the end of our conversation I asked how much his fees were and he said £200 :eek::eek:. That was just to fill out the form. Later in the day I cancelled the appointment and downloaded the form I needed. As I manage with many N1 court forms I thought I could manage this one and I doubt he would do it any differently for £200. That evening the tenant text me to say she was going today (21st) as her accommodation was sorted. As the papers would not have been served on her before Tuesday I waited with bated breath and fortunatly she went so I think all I have lost at the moment is 2 weeks rent although she promised to pay it. My boy tenant was really stressed but is now delighted. I have got off very lightly here I think.

How do you landlords/ladies go for possession do you do it yourselves or through your solicitors ? Would the outcome be any different doing it yourself.

kunekune

By the way, even if universities have enough accommodation for students to stay in uni property for three years, they wouldn't do three year tenancies. It's likely there would be different arrangements for first and third years, and also it isn't automatic that someone progresses from first year to second year and then to third year. That depends on exam results. The last thing the housing people want is students who failed (sorry, we don't use that word, do we, were deemed withdrawn) hanging around and saying, "but I've got a tenancy".

edgex

N79 wrote: »

I know that student contracts work this way but as you have found out it is you as the LL that takes all the risk if it goes wrong. I am glad that you are now well on the way to solving the situation.

Your point about students being treated differently is interesting. Students are in fact treated differently in that rentals to students by their acedemic institutions are specifically excluded from being ASTs and are governed by seperate rules. I suspect that this dates from a time when Universities provided accommodation for students (my university did and still does provide accommodation for students throughout their degree unless they don't want it). I would imagine that alot of the new universities are not able to do this so there has been a rise in student lets.

Personally I do not believe that the law needs revisiting but there maybe a case here for non private LL's providing services to students in the same way that housing associations provide social housing.

I am aware that it is a high margin section of the rental market because one can let poor properties on premium rents. One town in which I have a few properties locally also has student properties clustered around a, quite frankly dismal, part of the town. None of them looks to be in good condition (a generalisation but not surprising as I doubt that students would keep them in pristine order) and yet they command higher rents than my propeties! I know that the LL's have endless pointless call outs (how do students manage to block so many drains?) and it is a segment of the market that I do not have the patience for.

Finally, I disagree that people staying on after the expiry of a notice is an abuse of the system. The housing acts are very clear that ASTs end only when either a T decides to end the tenancy (and a LL accepts) or when a court orders it to end. There is no other option and it is quite clear that the expiry of notices or fixed terms does not in any way cause a tenancy to end so Ts that stay on are simply enjoying the rights granted to them by the tenancy. This is to protect Ts from unlawful eviction (read up on the abuses of Rachmann and others to understand why Ts have this protection).

I hope that your Spanish T leaves soon without the need for court. Good luck.

N79 (a LL and a T)

university accommodation contracts are quite tough:
they will have a specified move in & move out date
if they wish to extend their move out date into the summer holidays, they will have to pre-arrange & pay for it
they usually have a clause that states that if you move out early, you have to pay the rent until the point at which a new tenant is found


i dont see why accommodation cant be mainly covered by exisiting contract law
if youve signed a contract to pay rent till the end of a given month, youve already agreed to be out by the end of that month
if you havnt arranged a new vacating date with the landlord, thats it, you leave

DVardysShadow

Fire_Fox wrote: »

I'd give the other tenants £100 to be an absolute nightmare to live with.

The thought amused me, but if it got as far as money changing hands, it would be harrassment.

clutton_2

""How do you landlords/ladies go for possession do you do it yourselves or through your solicitors ? Would the outcome be any different doing it yourself.""

court research shows that more than half of private landlord possession applications to county courts are thrown out because the paperwork is incorrectly completed

if you want to DIY - then join national landlords association (fee is tax deductible) and get their help i form completeion and all the paperwork you could possible want