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Tennant over a week late moving out

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Comments

  • Yes, i was thinking that, and i am going to send it special delivery so we can go in on sunday and i can see if she is still there online as she has to sign for it ;)
    ;)
  • RabbitMad wrote: »
    if she gave notice and has stayed on you can charge her double rent as mense profit from a nice old law that still on the statute books. If you suggest this to her then it might focus her mind - however if she already owes £2K I doubt it would bother her very much.

    I would ask over at landlord zone for their advice. it might be that you can go straight to court to evict her and don't need to issue a section 21 or section 8 if she has provided written notice.

    If you do need to issue notice first issue a section 8 notice and a section 21 notice at the same time that way if she pays down the rent arrears you can always fall back on the section 21.

    Have you (or LA) protected her deposit?

    her arrears are down to £875,but im sure you will agree that this is still a lot of money. My OH wants this passed on to a debt collector. Im filling in a s21 form myself on the landlord zone,i really dont trust the LA to do it tbh as all their advice and such has proved to be wrong from what i have been told and seen on the landlord zone. The letting agent have protected her deposit,and did so within 3 days.

    i will look to see if we can get her evicted instead of a s8 or s21 being served,she is now 10 days late returning the keys.
    ;)
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    edited 25 June 2010 at 2:49PM

    i will look to see if we can get her evicted instead of a s8 or s21 being served,she is now 10 days late returning the keys.

    what do you mean by this? If a tenant refuses to leave, then the only route that I'm aware of for the landlord to regain possession is to serve notice via an S8 and/or S21 and then take them to court if they do not leave when the notice expires.

    what alternative were you proposing? did you think that if the tenant served notice and then doesn't cooperate that the landlord doesn't need to serve them notice? I don't know the position when a tenant serves notice and then rescinds it but I'd be surprised if this speeded things up for the landlord or changed the possession process.
  • RabbitMad wrote: »

    I would ask over at landlord zone for their advice. it might be that you can go straight to court to evict her and don't need to issue a section 21 or section 8 if she has provided written notice.

    sorry i was refering to that quote ^^^

    we are going to serve a s21,can we do it or does the LA need to do it? i found forms for it on landlord zone and as i said earlier,we would like to do it so we know its done
    ;)
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    sorry i was refering to that quote ^^^
    Yeah I was wondering about that too. Can a LL apply to court for possession using the tenant's notice? I think it may be he can and it's worth asking LLZ like RM said.
  • theartfullodger
    theartfullodger Posts: 15,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nd i am going to send it special delivery so we can go in on sunday

    You give notice: If tenant then says she ain't prepared to let you in then you MUST NOT GO IN.

    This applies to Landlord, agent, workman, whoever.. (quiet enjoymnet of property etc etc..)

    That the tenant is behind with the rent & has given notice does not matter...

    Cheers!

    Lodger
  • just to let you know that the tenant gave the keys back today - she somehow thought that she had another 2 weeks to move out (notice to quit was given 8th may to leave 15th june). the damage and mess is unbelievable but not unexpected tbh. we found out as well as having a dog without permission,she also had a kitten and a fish (the tank is on top of the fridge freezer...!)

    the LA have done the inventory and confirmed they will lodge a dispute for the deposit due to the damage and cleaning.
    ;)
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