Rogue tenants - how best (cheapest) to evict them?

kira_2

Help!! My family has a real problem. My mother and stepfather were away in Europe when he became ill, came back to the UK and was diagnosed with cancer. My parents had let their flat to tenants, so immediately gave them notice that they wanted it back (it's a rolling contract requiring 2 months notice from landlords). We actually gave them nearly 3 months notice but had a feeling the tenants would be difficult and not move out. For the last 2 months they have been late paying their rent and this month they haven't coughed up at all yet.

They are meant to be out by 3rd January but we hadn't heard anything from them - then this week our fears were confirmed. The tenants rang us and said they would not leave as they basically didn't want to. We had already written them a polite letter explaining our difficult situation and saying we would evict them if it came to that.

The problem really is we have no money now!! My mum is working part time and my stepdad can't work at all - and I have just given up my job to move home and look after them. We will serve eviction papers on them but can't afford a long legal wrangle with all the fees that go with it. I wonder has anyone ever used an eviciton service and did it end up cheaper than paying solicitors and court costs? I know the CAB is good for free advice.

I am sure we will get our house back eventually but with this illness time is not on our side and we all want to be back in our own house as quickly as possible. It makes me so cross that we have already got a lot tpo deal with and these people are being difficult despite us doing everything legally and by the book. It is a clear-cut contract which they will be in breach of. Any ideas very much appreciated.

Tichx

I had a similar issue once, I went round when the tenents were out and evicted them! put there belongs outside and changed the locks! when they arrived at the house they called me, 'swearing like mad, etc...' bottom line, they could not take me to court, would cost too much! eye for an eye...
back up plan, take the boy'z round and make sure they get the message!
If your in West London, let me know, can send the Boy'z round for you...

kira wrote:

Help!! My family has a real problem. My mother and stepfather were away in Europe when he became ill,came back to the UK and was diagnosed with cancer. My parents had let their flat to tenants, so immediately gave them notice that they wanted it back (it's a rolling contract requiring 2 months notice from landlords). We actually gave them nearly 3 months notice but had a feeling the tenants would be difficult and not move out. For the last 2 months they have been late paying their rent and this month they haven't coughed up at all yet.

They are meant to be out by 3rd January but we hadn't heard anything from them - then this week our fears were confirmed. The tenants rang us and said they would not leave as they basically didn't want to. We had already written them a polite letter explaining our difficult situation and saying we would evict them if it came to that.

The problem really is we have no money now!! My mum is working part time and my stepdad can't work at all - and I have just given up my job to move home and look after them. We will serve eviction papers on them but can't afford a long legal wrangle with all the fees that go with it. I wonder has anyone ever used an eviciton service and did it end up cheaper than paying solicitors and court costs? I know the CAB is good for free advice.

I am sure we will get our house back eventually but with this illness time is not on our side and we all want to be back in our own house as quickly as possible. It makes me so cross that we have already got a lot tpo deal with and these people are being difficult despite us doing everything legally and by the book. It is a clear-cut contract which they will be in breach of. Any ideas very much appreciated.

Gorgeous_George

Tichx

I hope that was meant to be amusing. While I can sympathise with the sentiment, it is, of course, totaly illegal and could cause severe legal problems for the OP.

Essentially, their are procedures to evict tenants. I'm no expert but the forums on this site will help. Just use the search or ask the question again.



GG

clutton_2

it need not cost much money to apply to the court to repossess your home - you can do it online - BUT unless you get the paperwork absolutley accurate, it will be thrown out by the judge and you will have to start again. i have seen this happen many times to new landlords. i suggest you take your AST to the CAB and get help with completing the forms. Have you served them a formal Section 21 notice to quit ? and were the correct dates on it ? It is better to not use inadequate payment of rent as a ground for wanting repossession, as they may well then pay up, and the judge cannot give you possession. Your best bet may well be to join National Landlords Association and get them to help you with the forms - they have a fabulous legal helplline.

noyk

And don't forget that the place was let to these people in the first place so they must have seemed ok then and you were happy enough to take their money. They probably don't like being turfed out anymore than you would! I do feel for your circumstances though and echo the previous couple of posts - make sure you get the paperwork right.

david29dpo

Tichx wrote:

I had a similar issue once, I went round when the tenents were out and evicted them! put there belongs outside and changed the locks! when they arrived at the house they called me, 'swearing like mad, etc...' bottom line, they could not take me to court, would cost too much! eye for an eye...
back up plan, take the boy'z round and make sure they get the message!
If your in West London, let me know, can send the Boy'z round for you...

this may well be illegal. but i have done it twice. as i see it, no rent, no house. politely asked to leave with the required notice? they did not. did the above, put there things neatly outside and changed the locks,got two friends to stay for couple of days telling ex tenants it was now there house. yes they did call the police, but were not interested. the shouting and swearing soon started, and i,ll see you in court. 2 years later i have heard nothing. the moral of the story as i see it is i would rather be sue,d than do the suing, and no trashed house.

Tassotti

The above is known as an illegal eviction. If the tenants wanted to, they could go to court and sue for up to half the value of the property.

Is it worth that risk?

david29dpo

very true, and yes i know the risk i was taking. not so sure about taking half the house!

ukmike

If the tenants wanted to, they could go to court and sue for up to half the value of the property.

Can you post a link to the act of parlament that says the above?

kira_2

Thank you all for your advice. As much as I would like to evict them ourselves we had better play it by the book to hopefully avoid any repurcussions - don't want to upset people more than we have to! We have got the forms ready to go but can't serve them until the 4th - the day after they should have gone.

Has anyone ever used an eviction service where you pay a company to do the dirty work? Some guarantee eviction in 4-6 weeks but obviously charge a fair whack for this.

devils_advocate

ukmike wrote:

Can you post a link to the act of parlament that says the above?

Protection from eviction act 1977

as amended by

Housing Act 1988