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Problem with Tenants

Hiya,

My mother rents a flat to 3 teenage boys. They're a right pain in the backside when it comes to rent. They never pay on time and when they do give her some money, its in drips and drabs.

They all have a contract giving them a notice period and a section regarding late fee's and so on.

Now, she would like to get some more Tenants in who aren't 3 useless punks. She read online that you can't evict people without going to court so she is reluctent to do this. Is this basically assuming they refuse to leave because she wont even ask them to go.

So, she has the legal right to ask them to leave giving them the notice stated in the contract? Then, if they refuse, it will have to go to court and then due to late rent payment, it will go through quickly without any cost to her?

Basically, we're all beginners at this. So what is the easiest way to get them out?

Thanks :)

Jason
«13

Comments

  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Are they joint tenants or do they have their own tenancy agreements? When does the fixed term contract end or is it a periodic tenancy?

    how old are they?

    do they have guarantors?
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Has she given them a formal written 'warning', quoting the section of the AST which refers to late fees? If she has and still wants them out she needs to serve a section 21 (no fault) notice to quit, hopefully they will go quietly and there will be no need for any legal action. Note that an S21 cannot be served until two months before the end of the fixed term at the earliest and I *think* the dates must coincide with a rental period.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • anewbe4u
    anewbe4u Posts: 23 Forumite
    Jowo wrote: »
    Are they joint tenants or do they have their own tenancy agreements? When does the fixed term contract end or is it a periodic tenancy?

    how old are they?

    do they have guarantors?

    They each have their own Tenancy agreement and its a Periodic Tenancy. They're 17 - 19. She might well only want to get rid of 2 of them seeing as 1 of them has sorted himself out a little in the last month.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 26 January 2010 at 4:16PM
    join NAtional Landlords Association, today, it will cost you money (but tax deductible - if you understand that term) - they have an excellent legal advice line which will help you get rid of tenants. -

    buy ""Renting - The essential Guide to Tenants Rights" by Tessa Shepperson - it will cost you money


    Take your tenants to court - it will cost you £150

    when they dont leavel go back to court for a Bailiffs Warrant to chuck em out - it will cost you £95


    once they have left expect to redecorate and use a few skips to get rid of their rubbish - this will cost you - who knows how much

    you are running a business... these are the costs you can expect
  • anewbe4u
    anewbe4u Posts: 23 Forumite
    Fire_Fox wrote: »
    Has she given them a formal written 'warning', quoting the section of the AST which refers to late fees? If she has and still wants them out she needs to serve a section 21 (no fault) notice to quit, hopefully they will go quietly and there will be no need for any legal action. Note that an S21 cannot be served until two months before the end of the fixed term at the earliest and I *think* the dates must coincide with a rental period.

    Hiya,

    No she has not, I will speak to her about doing this. What happens if they're on a Periodic Tenancy, when can the S21 be served?

    Thanks for all your help.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why do the boys each have their own tenancy agreement if they are sharing a flat?? It's not an HMO. No idea how this affects the S21 so I will let someone else answer, sounds like a bit of a mess TBH. Is your mum a member of a landlord's association?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • anewbe4u
    anewbe4u Posts: 23 Forumite
    clutton wrote: »
    join NAtional Landlords Association, today, it will cost you money (but tax deductible - if you understand that term) - they have an excellent legal advice line which will help you get rid of tenants. -

    buy ""Renting TRhe essential Guide to TEnants Rights by Tessa Shepperson - it will cost you money


    Take your tenants to court - it will cost you £150

    when they dont leavel go back to court for a Bailiffs Warrant to chuck em out - it will cost you £95

    you are running a business...

    Unless they just leave without a fuss?
  • anewbe4u
    anewbe4u Posts: 23 Forumite
    Fire_Fox wrote: »
    Why do the boys each have their own tenancy agreement if they are sharing a flat?? It's not an HMO. No idea how this affects the S21 so I will let someone else answer, sounds like a bit of a mess TBH. Is your mum a member of a landlord's association?

    Because, to start with. She had 3 different lodgers. 1 moved out, she got 1 of these guys in. Another guy moved out, he said he had a friend who would like to move in, final one moved out. They had another friend to move in. All happened over a 6th month period.

    She is not a member no.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are their deposits protected in the TDS?
    Is there gas, is there a gas certificate?
    How many floors does the house have/is it an HMO? Does it have/need a license?

    What dates did they move in? How long was their first AST before they each went to periodic?
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What do you mean she had three lodgers, did your mum live in the flat??
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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