Advice on Evicting tenant - not quite as easy as it sounds..

miss_marsters

i would keep the texts that say about wanting the council house- and use them as evidence to prove intention homelessness

people like that are so fustrating, my friend couldnt even get a house after the landlord was caught illegally renting out the house

princeofpounds

And i have been dealing with the houses while dad was ill - since around Christmas.

But does that make you the landlord or their agent? I hate to be pernickety, but if a tenant decides to challenge your eviction so will the court be.

*Robin*

miss_marsters wrote: »

i would keep the texts that say about wanting the council house- and use them as evidence to prove intention homelessness

That would hardly help the OP.

scrat

Ok, so, when our letting agent started taking the p, the only way to make sure we got our money was to instruct out tenants to pay direct to us.

This was fine, they have never defaulted, and problems with the houses have been sorted by us.


I was told my tenant should give me notice - which i told them. He then instantly replied saying that me evicting him is in both our interests.

I have no reason to evict him (apart from we would like to sell the house, but this is a recent plan) as he has paid his rent etc.

G_M

princeofpounds wrote: »

But does that make you the landlord or their agent? I hate to be pernickety, but if a tenant decides to challenge your eviction so will the court be.

You MUST clarify your position and under what authority you are acting.

I used the small claims court to sue tenants for rent owed when they left giving no notice on a property I was managing for a friend.

In court I was asked about this (friend was abroad) but I had a Power of Attorney. This was closely scrutinised before acceptance. Without it, the case would have been thrown out.

I believe agents cannot even represent LL's in court (not sure - happy to be corrected), so getting this right is critical.

As are the right notices, dates on S21 etc. Oe slip up and you are back to square one.

Landlords Association....

RAS

Who is the executor of the will?

Who owns the houses, dad and mum as joint tenants, as tenants in common? Or the three of you jointly.

In what legal capacity have you been dealing with the tenants?

scrat

There was no will - everything goes to my mum, who isnt in a position to start with the houses.
The letting agents left us high and dry, and we were advised to get a new agent our tenants would need to be re credit checked etc.

The tenants have never defaulted on their payments.
Hence why ive been told i cant just 'evict' them on their wishes.

RAS

Even if there is no will, you may need to get probate.

Can you confirm whether this was a joint tenancy or tenants in common? if you do not know the difference, you need to download the deeds from the Land Registry web-site.

If it is a joint tenancy, mum is the sole surviving tenant. She need to give you written authority to deal with the tenants (effectively act as her agent).

When you took over the management of the house did you get

1. A copy of the tenancy agreement already made with the tenants?
2. A copy of the Gas Safety Certificate for both houses?
3. Details of where the deposits are registered (and the deposit if this was an insurance based scheme)?
4. An Energy Performance Certificate is needed for each property?
5. A full statement of account for each tenant?
6. A full dual signed inventory for both properties?

There are a lot of rules and regulations with which you have to comply by law and unless you do this, you can get into a lot of bother

Yorkie1

You do not need the tenants to be in rent arrears to evict them. There is a no-fault route to regain possession of the property. This is what others have referred to as the s.21 route.

In order to use this route, any deposit paid by the tenant must be protected in one of the 3 schemes and the prescribed information given to the tenant.

If your tenants are still in the fixed term of the contract, you can start the process before the end of the fixed term but the notice periods and statutory reference are different, I think, from if they are in a rolling contract.

As others have said, a) get hold of the tenant's tenancy documents, and b) join a LL's association.

scrat

RAS wrote: »

Even if there is no will, you may need to get probate.

Can you confirm whether this was a joint tenancy or tenants in common? if you do not know the difference, you need to download the deeds from the Land Registry web-site.

If it is a joint tenancy, mum is the sole surviving tenant. She need to give you written authority to deal with the tenants (effectively act as her agent).

When you took over the management of the house did you get

1. A copy of the tenancy agreement already made with the tenants?
2. A copy of the Gas Safety Certificate for both houses?
3. Details of where the deposits are registered (and the deposit if this was an insurance based scheme)?
4. An Energy Performance Certificate is needed for each property?
5. A full statement of account for each tenant?
6. A full dual signed inventory for both properties?

There are a lot of rules and regulations with which you have to comply by law and unless you do this, you can get into a lot of bother

We have all the above bar the deposits - the deposits are ongoing with the LA that ripped us off - the tenants are both in conversations regarding them. I know they are in protected scheme, have tracked one down but not the other.