advice on evicting tenant who is not paying rent

googler

ScaredTennant wrote: »

I haven't paid any rent because I need to save for a deposit when I move out that bell end's house, I have had nothing but trouble from him as a landlord, repairs not carried out, threats and hissy fits about the least thing, it's an ilegal let anyway as his mortgage mail and stuff comes in here as he can't tell them he is letting. His kids starving that's a laugh they look like Dudley Dursley in the Harry potter films.

Yes, wouldn't it be fun if this was the real tenant.....?

Fiddlestick

bigblackdog wrote: »

why am i responding ? i just think that i should not be paying for this guy to live in my house , and unlike the 'virtual' world i have taken advice from real people , in the real world , one person i have spoken to told me they have a very efficient 'eviction team ' at the ready and that there is no need for me to go anywhere else , i.e the courts etc .

Sounds very illegal.

Trust me (and everyone else), you DO have to go through the courts.

i believe i am well within my rights to get this leech out of my house

You ARE within your rights, but you need to follow the correct process and get a court order.

what will anyone do? arrest me? doubt it somehow

Actually yes, the police WILL arrest you and put the tennant back in the property - completely legally too.

You MUST follow the law and the process laid down in the tenancy or else you can be prosecuted for illegal eviction and harrassment.

You did issue them with a written tennancy, right...?

Fiddlestick

evoke wrote: »

I have to ask a simple question: why are people on here on the side of the non-paying tenant?

Because it's the law.

I sympathise with the landlord - I really do - but I don't want to see him taken to court for several thousand pounds in damages.

If someone was effectively not paying your for goods or services that you have delivered then how would you feel?

My own personal feelings are not relevant to the matter at hand i.e. the dispute between this landlord and his tennant.

There is no defence and property owners should be allowed to use reasonable force to reclaim their property - and unreasonable force to eject squatters.

The law disagrees with you.

If you wish the law changed, contact your MP.

The law is obviously an a$$ as it protects wrong-doers more than it protects the victims (the landlord in this case).

The law was enacted to protect people against rogue landlords who abused their position in the past.

Do you think such problems wouldn't come back if the law was changed?

mlz1413

I had a lecturer at college that regaled a tail of how he was removed from HIS property by the police when he had entered HIS property to tell the tenant to get out. This lecturer was upset that the police had sided with the tenant when the tenant wasn't paying rent.

Clearly the lecturer didn't have a clue about E&W law before renting or after the police removing him from the rented property.

So I'm just wondering BigBlackDog is your name Emmanuel? If not please just don't take advise from him.

dopester

evoke wrote: »

Banks will repossess your house if you don't pay the mortgage. But they have considerable flexibility in terms of cash flow. In this example it's one landlord who depends on the rent being paid. His livelihood is at stake.

I'm no fan of landlords, but I despise tenants who hide being stupid laws to avoid fulfilling their part of the contract even more. They are no better than squatters.

Therefore they should make provision for the possibility of it happening in their business plan.

Landlord should carefully vet prospective tenants to try and limit the risk of getting a tenant who is trouble, or who is likely to meet have payment strain for rent (including looking at line of work they are in).

Homeowner with mortgage meets a change of circumstances (hours cut, job loss, illness/accident) the bank isn't there to come kick them out very soon after mortgage payment missed. There is a procedure to follow and homeowner can submit many defences at court to delay repossession to give them more time. You're way out of line in projecting landlords should just be able to near immediately evict a tenant on their own terms after late payment (regardless of laws which have developed over many years). Don't like it then don't go in to the business. Simple innit. It's one of the risks with procedures to follow.

spugzbunny

Have people forgotten the tent thread??

You cannot say that because the LL is only a small rental business then they should be able to evict quicker to aid cash flow. That's rubbish! Any small business has to plan, know the law, budget and prepare. Renting out your home is no different.... and it ceases to be your home once you rent it out. It becomes a property you own in order to make money in rent from. You wouldn't open a corner shop and then say 'oh well I should have different laws because I only have one shop'?

millym

I had a nightmare LL years ago.

I was very ill and off sick from work. I got SSP of about £60 per week, which was less than my rent. The day the rent was due I gave the LL £100 and told him that I would pay the rest as soon as my HB was sorted out. He knew weeks before that I was ill and stuggling financially.

Well, he went berserk, threatening to come round and throw my stuff out on the street etc. In the end, I had to send him a solicitors letter threatening to get an injunction out on him. The council were very sympathetic, and gave me a hand written cheque that could be cashed immediately so he could get his rent money.

This is the only time I've ever been late in paying, and he got the full amount within 5 days of the due date. This is only one of many problems I had with this LL.

Got a great LL now, thankfully, and enough money put aside to cover a month's rent if need be.

Worcsman

bigblackdog wrote: »

i wont go into all the details , but our tenant is 2 months behind with the rent , he has told us a pack of lies so far regarding this , so i think it is time we got our house back , where do i start ?

You should have taken a bankrupt as a tennant, we got nothing but spare cash now we (some of us anyway) dont have debts to service. I'm having a hell of a job finding a lettings agent that will even speak to me. Landlords seem keen, letting agents then advise the LL's that bankrupts are a no-go. By the sounds of it though, you didnt use a lettings agent. Good for you, they are parasitic noobers. Pity your tennant is an !!!! though.

mynameisdave

evoke wrote: »

I have to ask a simple question: why are people on here on the side of the non-paying tenant?

Why have you sided with the OP with no proof that that tenant has not paid his rent?

theartfullodger

What, no answer from bigblackdog?? Where's the brave doggie then.....