Help please - rent arrears, how to get tenant out?

RAS

bris wrote: »

Tell your brother to write to the LHA telling them the tenant is now more than 8 weeks in arrears, this will stop her getting the rent and it will be paid direct to him.

Since this is not true, it will get the brother in even more trouble.

bris wrote: »

As he clearly doesnt have a clue, get professional help to do the paperwork needed to serve proper notice on her.

Firstly he needs to work out if he has even got the documentation required to be ALLOWED to serve proper notice.

babydoo10

Thanks for all the info so far - I was hoping for better news but did really expect for it not to be positive.

Well, don't faint but he did actually get a gas safety check done (hallelujah! ) so that's one minor sigh of relief!

AFAIK the ex BF didn't give notice to quit, just upped and left - although I did forget to say (so many questions to try to remember to ask!) that he moved back in just after Christmas, allegedly to 'help her as she's unwell'...

Does that change anything?

And a far out idea from someone else - As I say, my brother's daughter is supposed to be moving in on 4th Feb. How does it stand legally if my brother gave notice of a visit, and on the 4th Feb the daughter came with him armed with possessions and refused to move? Probably the craziest idea ever but illegal? Surely she'd then have some sort of squatters rights - and possibly cause enough awkwardness to make the old trout leave?

And one from me - the house was let part furnished, but with no inventory. Where does bro stand with rights to obtaining his possessions back? He has a cooker, tv, sofa, bed etc etc in there.

And if he rang the utilities and said that the house was vacant and he wanted things turning off - can they do that? Or as I say, I can turn off the gas and water in the street - would I be sued to death?

(desperate straw clutching here lol!)

Jowo_2

Landlords should be aware that unless a tenant leaves voluntarily a court order must also be obtained to evict a tenant from its accommodation. Harassment by landlords can result in serious and expensive consequences.

http://www.landlordzone.co.uk/Possession.htm

In England & Wales harassment is both a civil and criminal offence and is taken seriously by the law enforcers - the police and the courts. Landlords harass their tenants at their peril: at the risk of a hefty fine, a criminal conviction and in extremis, imprisonment.


http://www.landlordzone.co.uk/harassment.htm

Ulfar

babydoo10 wrote: »

And a far out idea from someone else - As I say, my brother's daughter is supposed to be moving in on 4th Feb. How does it stand legally if my brother gave notice of a visit, and on the 4th Feb the daughter came with him armed with possessions and refused to move? Probably the craziest idea ever but illegal? Surely she'd then have some sort of squatters rights - and possibly cause enough awkwardness to make the old trout leave?

This will not work, the tenant would be quite within their rights to call the police and have her removed. The Police would then be asking her how she gained entry at which point your brother would be up for harassment at the least.

There is no chance of her moving in on the 4th Feb unless the tenants choose to move out.

babydoo10 wrote: »

And if he rang the utilities and said that the house was vacant and he wanted things turning off - can they do that? Or as I say, I can turn off the gas and water in the street - would I be sued to death?

This is classed as harassment and is a criminal offence.

The long and the short of it is your brother has to follow the procedures laid down in law, this means issuing a correct s 21 followed by going to court to gain possession of the property.

sequence

You can't evict her without a court order ....
You can't evict her without a court order ....
You can't evict her without a court order ....
You can't evict her without a court order ....
You can't evict her without a court order ....


Anything else, such as trying to squat there, turning off the electricity removing his belongings, entering without permission, hiring a gypsy camp to park up outside, disconnecting the water, hiring heavyweights to turf her out, putting up signs, putting notices in the local newspaper.. etc etc is illegal and will land him in jail!

As bad as it is for you, these are the risks you take when letting out a property. You want the cash , you gotta take the risk.

It is however a good idea to take a deposit, and maybe some advance rent. Tenant referencing isn't a bad idea either! lol

bris

RAS wrote: »

Since this is not true, it will get the brother in even more trouble.

This is true, the LHA have to give the LL the rent direct when the tenant goes over 8 weeks in arrears if the LL asks for it. The only thing that can stop it is if the tenant can prove she paid the rent and is not 8 weeks in arrears.
How would asking for the rent get the LL into trouble?

tamarto

bris wrote: »

This is true, the LHA have to give the LL the rent direct when the tenant goes over 8 weeks in arrears if the LL asks for it. The only thing that can stop it is if the tenant can prove she paid the rent and is not 8 weeks in arrears.
How would asking for the rent get the LL into trouble?

Because she isn't yet 8 weeks in arrears.

BitterAndTwisted

You can be eight weeks in arrears in one month and one day if the rent is due calender-monthly in advance.

tamarto

BitterAndTwisted wrote: »

You can be eight weeks in arrears in one month and one day if the rent is due calender-monthly in advance.

The op said the arrears were £800 and the rent was £475pm so they're not 2 months/8 weeks in arrears, or is that not how it works?

bris

Most leases stipulate paid monthly in advance so LHA payments are 1 month in arrears from day one. When the rent is missed the next month it puts them beyond the 8 weeks. I have used this on numerous occasions to get paid direct. In fact I now only have one tenant who still pays me herself.