Problem tenant

sequence

Now if I were the tennant, I'd have reported you to the police for unlawful entry. Yous shouldn't have done that.

Gwhiz

tany wrote: »

Also I have not harassed him for the money and the only communication I have had with him in the last two weeks is one text message in which he said he was having problems with people and he will give me the keys back.

Harassment means something completely different in this context. It means by letting yourself in you are harassing the tenant as he has a right to peace.

Jowo_2

tany wrote: »

No this is a different tenant. I think I didn't do the full screening and which I should have as now things are adding up. The property is in West yorkshire and I did ask for a deposit but he assurred me he will get me it in the next few weeks. Also the next day he set up a direct debit into my account (he showed me the slip from the bank confirming payments on the 23rd of each month) and when the 23rd came around there were no payments made into my account. I questioned that and he said he will sort me out with the money asap.

His tenancy started on the 23rd of October and the only payment I have had is £200 and no deposit.

Virtually no landlord will ever let a tenant have a key before the first months rent and deposit was paid and had cleared - he must have been rubbing his hands.

Most landlords perform thorough screening as it reduces the chance of having a dodgy tenant by 90+%. Poor tenants often target private landlords hoping that they won't do any checks and discover that they've been evicted previously for arrears, have CCJs, have fibbed about their income, previous address and so forth.

Landlords often ask the tenant to complete the standing order form (not direct debit as you mentioned) and hand it back to them to send onto the bank. That way, they know it has been completed and sent back. Okay, the postie may not deliver it, the bank might fail to process it and the tenant may subsequently cancel it, but it does help to facilitate the automation of payment.

As soon as the second month's rent is in arrears, get an S8 served, plus an S21 as back-up (belt and braces). If you don't have the appetite or confidence to do this yourself, contact Landlord Action - they have great experience of evicting tenants.

tany_2

Monthly rent - £350

simpywimpy

Im an accidental landlord who had a little old lady run off without deposit being paid and owing £500 in rent. I've had to go through the small claims court as when I approached her and asked when I could expect payment (similar promises to yours) she punched me in the chest!

Just shows you that little old ladies are fierce - and to think my then agent told me she was the reliable sort that stays for years lol.

N79

Then you need to start issuing notices - as covered by Artful lodger.

S8 G10 and G11 now (optional).
S8G8 after the 23 December assuming less than GBP150 paid.

6 Jan - file S8G8 proceedings in court. Add G10 and G11 if notice issued.

S21 notice for the end of the fixed period (6 months??)

For your next tenancy join a LL association and learn how to avoid professional Ts.

Notices should be served either:

by non registered post with proof of posting.
by hand delivery through the property letterbox with a witness to the service.

adg1

As others have said, get an S8 and an S21 notice. Is the tenant on an AST agreement signed by both parties?

(Legal Brains: If there is no deposit, though, has the landlord not fulfilled their obligations and hence an S21 can't be issued?)

Are you new to landlording? As you have given the keys to one of your biggest assets to someone you haven't fully referenced I would guess lessons have been learned the hard way here. Only release keys with the full deposit and 1st months rent in the future, but I'm sure you know this now!

Get in contact with a landlord's advice service and get help on this one. Others have mentioned 2 previously - contact them as they have far more knowledge of how to evict a tenant than most landlord do.

Good luck.

N79

adg1 wrote: »

(Legal Brains: If there is no deposit, though, has the landlord not fulfilled their obligations and hence an S21 can't be issued?)

No deposit means no deposit regs hence a s21 can be issued.

Of course, if the tenancy agreement states that there is a deposit T could claim a deposit has been paid and sue for 3x pluse deposit return / protection even though there is no deposit. A T could also use this argument to defeat a S21. It would be the LL's word against the T's and of course the LL would have to answer the question "The tenancy agreement says that you took a deposit, you signed so why are you now claiming that you did not take a deposit". On a balance of probabilites the LL may not be believed when their only answer is "because I was stupid".

This is exactly the sort of action that professional Ts love. A free home and money from the LL.

Fire_Fox

Why on earth have you handed the keys over without a deposit and first month's rent?? Why on earth are you communicating with your tenant by text and phone?? Why on earth are you trespassing in the tenant's home?? Why on earth are you snooping through the tenant's private mail??

Please please join a landlord's association, appraise yourself of your legal rights and responsibilities, start behaving like a professional - communicate in writing by recorded delivery.

tany_2

I have been stupid I know and will learn the hard way. The reason why I am communicating with him by text (only 1 text message in two weeks) is that he definately does not live there as I have family near by and they have confirmed the tenant has not been seen for the last two weeks and nor are the lights on. I do not know where he is living and where would I issue an eviction notice given that he definately does not live there and he acknowledged that fact in his text and was sorry.