Tenants from Hell!

Mrs_Z

Hi,
Why not have a chat with these guys:

http://www.landlordaction.co.uk/

I have not used them myself, but I've heard others recommending them. It'll cost you but at least they know the process and if it comes to going to Court, your case won't be thrown out because of technicalities (wrong dates on the Notices etc).

Wee_Willy_Harris

If your girlfriend looks good on camera and does a bit of charity work, it might be worth buying her a tent and letting GMTV know the problems you're having. Just a thought, but it has worked in the past.

may_fair

RAS wrote: »

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

RAS wrote: »

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.

Firstly, a LL cannot serve a notice to quit on an AST tenant full stop.

Secondly, LL may serve a s.8 notice regardless of whether the deposit is protected or not. Only the validity of a s.21 notice is affected by deposit protection compliance (see s.215 Housing Act 2004).

may_fair

KevinM2k wrote: »

On sunday, it was that day, so myself and her went to the property and had a chat to them, they vacated the property and took most of the stuff with them across the road to one of the parents houses.

It is now Tuesday, they must have had another key cut and have moved back in to the property saying they have spoke to CAB and they were unlawfully evicted and they are now not going to move.

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

As another poster remarked, this sort of stuff needs a facepalm emoticon. You say you are a landlord yourself. Are you not aware of the Protection from Eviction Act 1977?

Here's a taster from s.1(3A)

3A) Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
(a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

It's a rather serious criminal offence for which you can be sent to prison for up to two years. In addition, the T may bring a civil claim for damages (awards seem to be quite generous in the cases I've read about).

Your friend should get out of the letting business if he cannot afford to take action to evict a tenant legally. You don't need a solicitor to do it, you can DIY (if you do your homework).

Wee_Willy_Harris

may_fair wrote: »

It's a rather serious criminal offence for which you can be sent to prison for up to two years. In addition, the T may bring a civil claim for damages (awards seem to be quite generous in the cases I've read about).

Your friend should get out of the letting business if he cannot afford to take action to evict a tenant legally. You don't need a solicitor to do it, you can DIY (if you do your homework).

To get an idea of the implications, google the judgement in Cashmere v. Walsh, Downing and Veale – Central London County Court, 27 October 2009. Similar circumstances in that the tenant was refused access due to rent arrears. The award TO THE TENANT was..... (hope you are sat down) ..... £81,215!

may_fair

KevinM2k wrote: »

I am now aware she has set up a deposit protection scheme and tthe two notices are being sent in the morning.

If you mean she has registered the deposit with a scheme and plans to serve a s.21 notice tomorrow morning, then the notice will be invalid. Deposit protection is a two-step procedure; 1. protect the deposit, 2. provide T with the prescribed information.

Wee_Willy_Harris

Has she NOTIFIED the tenant of which scheme the deposit is protected in?

Harassment is a very subjective issue. Having you sat in a car outside the property MAY have caused the tenant harassment.

Your GF needs to tread very carefully. The tenant has already sought suitable advice. Lucky for her it was CAB and not Shelter!