Dealing with difficult tenants!

peter999

anotherbigspender wrote:

are you allowed to tell us how?! :T

Obviously not, he's banged up in jail.

Don't mess with tenants, you can have an Injunction served for breakfast.

peter999

mr.broderick

peter999 wrote:

Obviously not, he's banged up in jail.

Don't mess with tenants, you can have an Injunction served for breakfast.

peter999

yeah they wreck your house, we end up in jail

NICEGUY_3

whats the best landlords association to join? Does anybody have any good info to share?


N

ManAtHome

Mind you, if curtains are drawn during the day the police may be interested - apparently most "astro-turf" factories have a similar look...

iwillretireatfifty

mr.broderick wrote:

pm me, i have a tel no for you, they'll remove them for £400 with minimal fallout.

Is it legal?!?

iwillretireatfifty

Update - things have become so much worse. The tenants now won't allow access to a property inspection, we have attempted 6 times now and each time given required notice and each time they have written back saying that they won't let us in! Tonight, we decided we weren't going to leave until we had been in, so we all called the police who spent over an hour with us. We were armed with all our documentation, TA and correspondence. After spending time talking to them inside, the policeman told us they adamantly wouldn't let us in at all and that he would advise us to go home as he didn't know where we all stand and didn't want to take sides.

They told the police that they are not going to move out when the S21 says they are supposed to, but they are going to stay there until court and bailiffs were involved and they could be council housed. They are just so stupid.

Anyway, any tips for gaining entry anyone???? (and has anyone used the smell of gas one before?!) We do want to keep everything above board really so that they can't go down the harrassment.

Grrrrrrrrrrrrr

clutton_2

Sadly your legal situation is that you have virtually NO RIGHT of entry whatsoever to your property, and the original police advice you were given is utterly wrong. Changing locks and letting yourself in will indeed have you in court for harrassment if you go down that route.

Tenants have the "right to quiet enjoyment" -this is a legal right enshrined in British law for donkeys years and irrespective of what ANY clauses say in any tenancy agreement the law is utterly clear and has been tested in the courts many many times. The ONLY circumstances in which a landlord can forcibly enter his property is if there is an emergency risk to life and limb - gas leaks or electrical fire, or serious water leakage which might cause serious damage or injury is not stopped. A CORGI gas inspector does not have legal rights of entry either. Just because you have put something in your AST does not make it legal, particularly if it is illegal under other legislation.

Your tenants know their own rights very well indeed. If they do take you to court for harrassment they will almost certainly win. Leave well alone, do not talk to them, conduct any further negotiations by letter. Don' send any letters recorded delivery, as "canny" tenants like these will not sign for the letter and then you will not be able to prove that the Section 21 was served. Best to deliver it by hand, with a witness in tow, but, dont talk to the tenants.

You must issue them with a Section 21 notice - however, since you are clearly new to landlording/and/or/getting out difficult tenants - i would MOST seriously urge you to join the National Landlords Association now - and get their help and advice to get this Notice served properly. They have a fabulous legal helpline and can talk you thru all the paperwork you will need. They also have Section 21 paperwork available for members.

I am in regular contact with a new landlord who has been trying to evict tenants (who are doing exactly what yours are doing,) since July last year on a Section 21, and because he did not get good advice, he filled out the form incorrectly, and because of one incorrect date, 2 judges threw it out, on 2 occasions, and he has had to start all over again.

Landlords' applications for Repossesion get thrown out by judges every day of the week due to incorrectly filed paperwork.

"""""They told the police that they are not going to move out when the S21 says they are supposed to, but they are going to stay there until court and bailiffs were involved and they could be council housed. They are just so stupid."""""""

Sadly, they are not being stupid at all, but, extremely clever - all of this is true. When the judge finally awards you a Repossession Order(for them to move out in usually a month, sometimes two months depending on if there are children) the tenants legally still do not have to move out. You must then go back to the court to ask them to appoint Bailliffs to get them out forcibly.

Bailiffs are very busy so you may well be waiting another month. All this costs money. This whole process is going to take you at least another 4 months (depending on when the AST was issued and how long it is for - please post the dates, and we may be able to help you further)

Tenants who want to be re-housed by the council HAVE to do all this because if they leave without a court order/bailiifs order many many councils classify them as "having made themselves voluntarily homeless" and will then NOT rehouse them, even if they have children.

This is a truly truly appalling housing policy which many councils are adopting due to the dire shortage of public housing.

I am sorry this is not what you want to hear - but welcome to the world of the rather skewed Landlord and Tenants Legislation.

Any attempts @ £400 evictions will have to be illegal and possibly violent, and i would never risk using anyone who tells you it is legal - it just aint.

best wishes

chant1l

There is another totally legal route you can take, which is quick and generally painless. You can buy them out. This may seem perverse and a bit like paying a thief to give you whats yours. From a business perspective it can get you to where you want to be quicker and for generally less cost. You have to be careful how you do it, especially since you now cannot reasonably talk to them. If they stop paying rent you can still go down the section 8 route which is generally quicker and better (they get a CCJ, which you can pursue). The section 21 route takes forever and even though mandatory in its terms something like 75% of applications are thrown out through nit picking.
I actually favour this route over the courts who always err on the side of the poor little tenant. If they have spoken to the police about harrassment you need to tread VERY carefully, and if they agree a price, pay them once they have exited and after you have keys and a signature stating they are giving up the property and waiving their rights to possession. Non negotiable.
Good luck.
In future ask tenants if they need any repairs doing and if possible tie in with gas certs if you need access to the property, I have only had one access issue in 15 years.

clutton_2

i did this once for a landlord i manage for - rather than the tenants suffer the public humiliation of having funiture put out onto the pavement, they agreed to leave, and once they were outside the door, and once i had the keys i made them sign a very short declaration to say that "they were leaving voluntarily " and that "the landlord would not pursue them for any outstanding debts". Mind you it took me a few visits to broker this deal, but, we got the house back in good nick, and they had enough money in their pocket for a moving van and a few pints. BUT if they have kids, they probably wont agree to do this as the "voluntarily homeless" clause then kicks in as per my last post.

prudryden

http://www.yourrights.org.uk/your-rights/chapters/the-right-to-privacy/power-of-officials-to-enter-your-home/gas_and_electricity_boards.shtml

Anything here to use to your advantage???