Help, with tenant, want him out, No TA

theartfullodger

You & the tenant do have a tenancy agreement, but it is just verbal and - as you already know - therefore much more difficult to show what terms were agreed...

Assuming the rent is less than £25k and the tenancy started since (? I think) 1997 it will be an AST - Assured Shorthold tenancy.

However, as indicated above you've not done quite a few things you need to have done..

Suggest you contact some specialist companies that handle getting people out - but recognise this will cost you money, and more-than-usual as the situation is such a mess.
eg
http://www.legal4landlords.com
or
http://www.landlordaction.co.uk/


(I've never used either & am not saying they are any good, just pointing you their way to make up your own mind about them)
Alternatively use a solicitor but make sure he knows landlord&tenant law (most don't). Solicitor will probably be more expensive.

Given you seem to know so little I'd avoid trying to do it yourself: If you get it wrong you'll be in an even bigger, more expensive a mess.

Given the lack of paperwork they might not want to take your case.

I would suggest, if you have none, you very rapidly get some Landlord insurance - otherwise if the place burns down & he is 'orribly damaged you'll get no payout from a "normal" householder insurance policy, will have no home & be bankrupted when he takes you to court.

Then 'phone the HMRC & tell 'em what you've been doing: If anyone else tells them (eg the tenant) they'll be very p***d off with you - you tell 'em first...

Welcome to the fun world of realising what your responsibilities are as a Landlord...

Cheers!

Lodger

PS Alternatively try bribery: Offer him ££££ (possibly quite a lot..) to leave, but make sure you get in writing that he has "Surrendered his tenancy".

Jowo_2

Have a look at the Landlord action site - they offer fixed fee eviction services.

Wickedkitten

Sounds like they have done a whole bunch of things that they shouldn't have done, starting with not getting permission to let and working their way forward.

Obviously this is probably in a huge grey area, but since they don't have a tenancy agreement, they haven't taken a deposit off the bloke, didn't give him a receipt for rent, and still have most of their belongings at the house, can they not just get the police to remove him?

theartfullodger

can they not just get the police to remove him?

Well, that would be an illegal eviction and
a) The Police should tell them they won't help and
b) If the eviction happened the tenant (for he is a tenant, with a legal tenancy, just not one written down..) could sue for getting possession of his home (yes, his home, Landlord's investment only at this point) back plus damages etc... And any judge would be very sympathetic with the tenant in these circumstances...

The only legal way to get him out is with valid notices-to-quit (tricky as there is no paperwork...) - but tenant doesn't have to leave when the notice expires...
- then get a court order for possession (but tenant doesn't have to leave then..._
- then get bailiff to carry tenant out of the place..

Cheers!

Lodger

dorsetjohn_3

If it was me , this would have been sorted ages ago . Send in a couple of " the boys " to ask him to move out and any repercussions afterwards and they will pay him another visit . Should be able to sort it out for £200 if you dont know the right people . This scrote needs to learn a lesson in the way of life

maliah

Thank u all for posting, i've been told to issue section 8 and section 21 as he is £128 behind, but isnt he also a month behind? as no first month deposit was received?

Am i not on the right track! I have done my best to help he has agreed to let my partner in on monday to get some of our things, and then we can serve him i was gonna serve him notice as orginal agreement for 3 month trial basis , that is now over as of 17th Dec. Then i was say have u got ur rent which is owed and if he said no then was gonna server section 21.

I know i need advice but we have no money at the moment what with xmas, he has agreed to leave for £400 we said he cud have his last rent cheque we receive back. But he will not be getting it when he is still in my property, x

princessamy86

dorsetjohn wrote: »

If it was me , this would have been sorted ages ago . Send in a couple of " the boys " to ask him to move out and any repercussions afterwards and they will pay him another visit . Should be able to sort it out for £200 if you dont know the right people . This scrote needs to learn a lesson in the way of life

Hmmm....helpful. Or not.

maliah

And do u know i just feel like handing my keys into mortgage Co, and letting them handle him. im so fed up.

I didnt think things would be like this he's fine when he's getting his own way, but once u try to reason with him its all threats!

The letter the HB as it states my partner as LL. T as the Tenant and that he moved in 17th Sept and the rent which is £460 a month, thats all it states oh and our rental address.

adg1

maliah wrote: »

Thank u all for posting, i've been told to issue section 8 and section 21 as he is £128 behind, but isnt he also a month behind? as no first month deposit was received?

Two separate things, a deposit and first months rent.

There's been some sound advice from Lodger and Clutton which I'd follow and fast.

Also, can your parents not help you with some money towards eviction costs? Given that the situation could escalate further if things aren't done properly and, to ensure you issue the notices properly, you'll need help from a professional LL association/solicitor, which WILL cost money, no two ways about it.

If they're in a position to buy you house as you say then surely they can help you now with the eviction process? Eviction is expensive but its your house and to just give over the keys wouldn't help your situation as you'll have lost all the money you have been ploughing into the mortgage.

Jowo_2

Contact the local council to have the LHA paid directly to you. They are obliged to do this once a tenant is 8 weeks rent in arrears. The downside about direct payment is that if the tenant wasn't eligible for HB or fraudulently applied for it, the council will seek the overpayment back from the landlord. Your local council website will have info on how to get the payments made to you.