Tenants from Hell!

robpw2

KevinM2k wrote: »

She initially wanted to sell the property not rent it out, but she was having problems selling and couldn't afford to just pay mortgage hence the reason for renting, doesn't mean she can afford a lot of money to get scum evicted from a property...

What steps do we need to take?... i'll just have to tell her to get a loan and do things correctly, even though that will put her in even more financial trouble.

http://www.landlordzone.co.uk/rent_arrears_evictions.htm
please read this it will help
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_procedures/assured_shorthold_tenants#4

robpw2

KevinM2k wrote: »

As far as I'm aware.. yes they did..

If she would of changed the locks on monday morning... would she have still been in trouble?

technically yes , if they had tried to move back in and couldnt the cab would have correctly informed them that they had been evicted illegally and then she might face court action herself .

surely she has landlord's insurance? if not does she have househould insurance with legal cover becuase it seems to me its going to be a very expensive mistake if not

ILW

Landlording is like any other business, there are risks involved.

RAS

KevinM2k wrote: »

As far as I'm aware.. yes they did..

is the deposit protected and has the LL provided details to the tenants?

If the deposit is not protected in a scheme, she cannot issue the notice to quit, so she needs to get her act together.

Is there gas? Does she have a safety certificate?

Does she have her mortgage providers permisison to let?

kmmr

Kevin, the reality is that this is a process that she will have to follow, and getting it calmly right first time is the ultimate goal. Harassing and complaining about the law is like fighting the tide - for the moment you just have to go with the rules as fighting them won't get you anywhere!

Landlordzone is your best point to do this. Their forum has people who will hold your hand through the process, but you will have to endure a few digs at the unprofessional approach first!

As this is now getting legal, you need to get some key information to hand. Start date of contract (even if unsigned, hopefully there is one). Where the deposit is held (crucial), what is the initial fixed term, what dates are payments due, etc etc. LLZ will tell you how to approach the courts to get a 'quick' eviction, which will be 14 days at best.

I think you would need to do a Part 8 eviction (non payment of rent) but do a part 21 (no fault) eviction at the same time in case the first one fails. Part 8 is much faster, but it only works if the tenant is 2 months in arrears at the time the case gets to court. But the link above will help, and the good folk at LLZ will help if you give them all the information.

robpw2

KevinM2k wrote: »

I appreciate the help guys! I still think the law on this one is pretty messed up! I am going to give the link to my friend so she can come here and read up all the comments and hopefully know what to do next, so more information the better please.

Thanks

the law is there to protect tennants and landlords , - its simple becase other wise a landlord could claim a tennants not paying rent evict them change the lock and the tennant may have done nothing wrong
Following the correct procedures and having the correct insurance and the correct mortgage also protects the landlord from court action and being unfairly sued

does her mortgage allow her to rent the house?
is their deposit protected ?

robpw2

KevinM2k wrote: »

I will get answers to these tonight.... what implications is there if the deposit is just in her account? I don't know if it is... but just in case.

she needs to have it protected .. she should have told tennats 14 days after recieveing it where it was deposited or they could be entitled to claim 3 times back but .. she should make sure its with a protection scheme asap

RAS

robpw2 wrote: »

she needs to have it protected .. she should have told tennats 14 days after recieveing it where it was deposited or they could be entitled to claim 3 times back but .. she should make sure its with a protection scheme asap

This is really no longer true, as long as she protected it before the case came to court, the claim for three times would fail.

However, she cannot issue a valid notice until it is protected, so she needs to do it today if she wants to isse a section 8 notice tomorrow.

Are they likely to be claiming LHA by the way?

robpw2

RAS wrote: »

This is really no longer true, as long as she protected it before the case came to court, the claim for three times would fail.

However, she cannot issue a valid notice until it is protected, so she needs to do it today if she wants to isse a section 8 notice tomorrow.

Are they likely to be claiming LHA by the way?

i did say could , i know that landlords have found ways to get around it but as you say you cannot evict without protection of deposit etc

robpw2

KevinM2k wrote: »

The people in the house where meant to be claiming benefits, but 'forgot' or couldn't be bothered to fill the forms in.... hence this entire mess in the first place!

Steps so far:
1. Put deposit in a scheme (if it isn't already)
2. Issue a Section 8 Notice asap

yes , then when(if) they do not leave she will have to apply to the courts for eviction