Tenants from Hell!

KevinM2k_2

Thanks for the help!

MissMotivation

The Tenants do have a Tenancy Agreement whether they have signed the agreement or not, the Tenancy was created by the Landlord allowing them to move in.

Your friend needs to go through the proper channels to get the Tenants evicted!

G_M

Until the gov changes the law as planned, squatters have rights too!

But anyway, they may well be right. Depending whether they moved out voluntarily or under pressure (hard to define) they may have been illegally evicted. Only a court can order them to leave.

Your friend needs to start eviction proceedings in court. If they are 2 months in arrears the court has no discretion and will award possession. If they owe less than 2 months, the court has discretion.

The lack of signed contract is unfortunate (and very foolhardy) but does not alter the fact that a tenancy was created (verbally) and (presumably) a rent was agreed.

Not changing the locks was booboo number two - I wonder how many other things this LL has overlooked........

FireWyrm

Yes they are squatting, no the police cant do anything, it's a civil matter, not a criminal one.

Someone more experienced will be along shortly with more detail, but she's gone about this all wrong and now she's going to have a nightmare to fix it. I believe a section 21 notice should be served immediately, but dont quote me on this. She needs expert advice right now, not a forum. I know she doesnt have the money to pay a solicitor, but she needs to find it and fast because they obviously know their rights and they will probably squat there for ever more unless you act right now. I've also heard that you can get the utilities cut off - this might encourage them to rethink their position.

mchale

KevinM2k wrote: »

How can you go about doing things correctly if you have no money to pay for any housing solictor to do things correctly?

Research, the are legal procedures to follow being a LL, if you don't know them before you become a LL you find out

tenants have rights, its sounds like this is going to cost your friend a lot of money

PasturesNew

Lots of errors on the part of your friend/the Landlord. The tenants DO have rights and were unlawfully evicted... you going round could also be harrassment, which is an offence.

robpw2

KevinM2k wrote: »

How can you go about doing things correctly if you have no money to pay for any housing solictor to do things correctly? Surely when they moved out... the 'verbal' contract was then broken? Utilities being cut off would be a very useful thing to do if its legal, i'm pretty sure they don't pay any kind of bills, including council tax/gas/electric etc

if you cut of the utilities you will be breaking the law- you have to go through the proper channels

your friend really needs to consider wether or not they should be a landlord or not as they cannot afford to pay to get someone evicted ..
you will find the tennants can stay untill you get a legal eviction

robpw2

KevinM2k wrote: »

The tenants in the house aren't that clued up, they went to the CAB who obviously told them to move straight back in (CAB seem to cause more trouble then they are worth!).

I am also a landlord, but I have gone the right way with my tenants, and have proper insurance etc in place but i've never been in the position she is in, and to be honest I probably wouldn't know what to do without going down the heavy handed route.

When you say research, can you give any pointers or aim us in some kind of direction... the money issue is a big problem though, as she is already 2 months in the rears so will now struggle to pay the mortgage. Is there a way of getting the utilities cut off?

she needs to go to court to apply for eviction proceedings that is her only legal way of removing the individuals .

I wish i had a facepalm picture because i would insert it here !

mchale

Join NWPOA (lpool based), have a look on landlordzone as well

robpw2

KevinM2k wrote: »

As far as I know, you are allowed lawfully to contact the tenant once per day, when 'we' went down... I made sure i stayed in the car while she spoke to them inside the property so they couldn't claim that we bullied them out, but that doens't seem to have made any difference.

I dont understand how someone can say they are unlawfully evicted.... they have rent to pay, and dont' pay it... the only person breaking the law is them. The law seems very wrong.

they have a AST , regardless if they have signed or not the contract is deemed to have formed from when they moved in .. therfore the only way to remove is issuing the correct documentation if they then refuse to leave then you need to go to court

also harrassing them is not going to get them out

robpw2

did they pay a deposit ?