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

RAS

Right.

So when was the start date of the most rent tenancy agreement, for each of the properties?
Was is the prescribed duration?
Any break clauses?

Eg 1.3.11, 12 months, break clause at 6 months with 2 months notice

sooz

I am very sorry for your loss.

This is all you need now.

1) join a landlords association. I'd suggest the NLA https://www.landlords.org as they have a fantastic free helpline
2) find all the documents you can. Including that missing deposit. If you can't find it, you will need to find the monies yourselves & protect it, or your notice will be invalid. Chase the agent later. Right now this is YOUR problem not the tenants.

Or rather your mum's problem. By the sound of it she is the new landlord & you are acting as her agent. Make sure it's the correct signature & name on the notice. If they both want council houses be prepared for a long wait. They should keep paying, but open up 2 big folders & put all papers in it relating to each property so you don't lose anything.

scrat

House 1 - tenants been in 3 years in April.
House 2 - 2 years in April.

So technically house 2 is due for renewal in April. I wondered if i could just say i wont be renewing the contract, rather than evicting?

scrat

What i dont get, is if they cant afford the rent, why dont they just look for a cheaper place like any normal person would?
Why be evicted??
I just dont get how people think being evicted is a good move??

Its really beginning to annoy me.

RAS

scrat wrote: »

House 1 - tenants been in 3 years in April.
House 2 - 2 years in April.

So technically house 2 is due for renewal in April. I wondered if i could just say i wont be renewing the contract, rather than evicting?

Err no - not unless you want to be done for illegal eviction.
You and mum need to join the Landlords' Association urgently before you get into trouble.

What date in April? What period were the agreements for? 6, 12 moths or two years?

Assuming you are in England or Wales

If you actually want the tenants to leave and it was the 1st and the agreement, mum has one day really in which to send a section 21 notice for the property for which you have the deposit information which will allow you to start legal proceedings to remove the tenants on May 1.

It has to be done correctly or the notice is invalid.

She cannot serve notice on the tenant whose deposit is "missing".

With respect to the tenancy agreements, you need to let them lapse at the beginning of April, so that they become periodic. After that date you can give two month's notice any time rather than tying yourselves and the tenants into another 12 months.

Both tenants will be told by Council that they cannot get a Council house. You will need to start legal proceeding and probably at least arrange for the bailifffs before the tenants will leave as that is the minimum point at which most councils accept someone as homeless.

Why do you want the tenants out, by the way?

RAS

scrat wrote: »

What i dont get, is if they cant afford the rent, why dont they just look for a cheaper place like any normal person would?
Why be evicted??
I just dont get how people think being evicted is a good move??

Its really beginning to annoy me.

Being evicted allows them to be accepted homeless by the Council, which gives them priority in the housing list. Probably their best chance of getting a council house in many a year.

Do you know what the Local Housing Allowance is? What value in your area? Because if your houses cost more than that, your tenants cannot get LHA to top-up towards their rent.

scrat

I only want one out - as they have stated they cannot afford the house anymore. Most other people in this position would look for a cheaper house, no?
I would like to sell the house once, and only once, they are out of the house.

Its so frustrating - we own the house, trusted a LA and they screwed us (and many others) over.

RAS

scrat wrote: »

I only want one out - as they have stated they cannot afford the house anymore. Most other people in this position would look for a cheaper house, no?
I would like to sell the house once, and only once, they are out of the house.

Its so frustrating - we own the house, trusted a LA and they screwed us (and many others) over.

So is the tenant that you want out the one for whom you have a details the deposit registration?

What date exactly did the tenancy start?

scrat

I was told in our area £800 was the max for a 4 bed detached.
Our rental was £1100, dropped to £1000 at christmas when they couldnt afford the full amount.

Non DSS, we have been told a fair value for our house is £1200pcm - my family is not a charity, and we live in rented accomodation ourselves at the moment.

scrat

RAS wrote: »

So is the tenant that you want out the one for whom you have a details the deposit registration?

What date exactly did the tenancy start?

Yes that deposit i know of.
Started 1st April 2010