Eviction in 7 days

Dave_Ham

jjlandlord wrote: »

I was not talking about criminal trespass or squatting.
The new law you mention does not change the existing situation re. tenant over-staying (and it does make clear that it doesn't, and so does the text you quoted).

If a tenant stays at the property after his tenancy has ended, he will be there without the owner's consent, and thus will be trespassing.

As such the landlord will be entitled to start eviction proceedings immediately after the expiry of the tenancy without any further notice to the (ex-)tenant.
In any case, as no tenancy will be in existence the Housing Act will not apply along with its provisions (s.8, s.21, etc.)

Whilst you appear to know your onions, I am not sure this is correct.

This is not my specialist area, although recently needed to legally obtain possession of a property of mine due to unpaid rent. The tenancy ended and the tenant was advised by the council to get evicted, as they had no houses for her and certainly not if she made herself intentially homeless.

I engaged a solicitor and barrister and had to fill in all sorts of forms and the court bundle had to show the Section 21 and Section 8 in there. The judge even deferred the first time as wanted absolute clarity from the person who filed the Section 21. With this in mind, if these were irrlevant in terms of end of tenancy then surely the judge would not want absolute validation they were served appropriately??

As I say, just following Solicitor advice and observing process but this does appear to be the case still.

On a side note to Sturman; you should have just acknowledged your error and asked for help. You would have got it.

Instead, you are justifying your position and almost believe you are entitled to something. Show some morality and sure you would not have received the posts you have.

You can make this right still, speak with landlord, letting agent and let them know your position and without being arrogant let them know you know the law and try to all resolve this with some compromise and humility.

If I am wrong on the court process, feel free to take it as my story and observations rather than my implicit facts that this is the case as not my area of expertise...

jjlandlord

Dave_Ham wrote: »

This is not my specialist area, although recently needed to legally obtain possession of a property of mine due to unpaid rent. The tenancy ended and the tenant was advised by the council to get evicted, as they had no houses for her and certainly not if she made herself intentially homeless.

OT for the thread, but this suggests that what might have happened is that their fixed term tenancy ended, but as they did not leave a statutory periodic tenancy was automatically created. So a different scenario.
As long at the tenant remains at the property, the only case for him to end up without a tenancy is if he serves a (valid) notice to quit to his landlord.

Lovelyjoolz

sturman wrote: »

However the point remains, I'm not going to allow myself to become homeless because of a mistake i made..

What a horrible little man you are. I'm sure your family are so proud that you are willing to make some innocent family homeless just so that you don't have to accept responsibility for your mistake.

Man up and accept you dropped a clanger. Find a little B&B and give your kids an adventure. At least you'll be able to sleep with a clear conscience rather than worrying that karma will come back and bite your a rse!

jamie11

I'll put it another way then.

If a tenant hands his notice to the landlord and it is accepted, then the tenancy finishes at the end of that notice. It is no longer an AST and the tenant is a trespasser that can be taken directly to court without the landlord issuing a S21 or S8. The landlord may demand mesne profits up till the time the tenant is evicted, that will not be classed as rent.

If the landlord issues a S21 to the tenant then that is NOT a notice to quit, the tenancy will continue until the tenant leaves of his own accord or the landlord gets a PO and possibly bailiffs to put the tenant out. In this case rent is still payable up until the last day of the tenancy.

If landlord issues a S21 and tenant does intend to leave then the tenant should issue his own notice to the landlord as well, this will make everything legal and above board.

Of course everything can be altered by mutual agreement between landlord and tenant.

GDB2222

Tenants of mine gave notice to end their tenancy after they had exchanged contracts to buy elsewhere. That has meant that they have had both the flat and their new place for 2 weeks. It means that they have had a very leisurely time to move, get the new place sorted, AND let their 3 year old get used to her new home.

Ulfar

GDB2222 wrote: »

Tenants of mine gave notice to end their tenancy after they had exchanged contracts to buy elsewhere. That has meant that they have had both the flat and their new place for 2 weeks. It means that they have had a very leisurely time to move, get the new place sorted, AND let their 3 year old get used to her new home.

Which is the correct way to do it, yes you pay a bit more out but in the grand scheme of buying property isn't that much.

An overlap is always handy. In addition Rent is paid in advance and mortgage in arrears so it is not as noticeable.

sturman

Just an update.. LL came to take possesion and i sent him packing on the 11th.We have exchanged on our property on Friday and are completing in two weeks. LL's greed has also cost him because he hasnt done a gas certificate in the last month and i reported him online to the HSE.
Many thanks to the people who gave good advice on this site.It took a while to sort the wheat from ther chaff but it was invaluable.

chucknorris

G_M wrote: »

You're too generous jj - personally I now hope the OP reaps what he sows, and his purchase becomes as problematic as his rental....

I'm surprised that nobody noticed that the OP is a LL with more than 5 properties, or at least claimed to be on this thread:

https://forums.moneysavingexpert.com/discussion/comment/44360918#Comment_44360918

'Exactly Kingstreet.

I have well over 5 btls and have for the last 8 years.They have a spreadsheet of all my BTL'S from my original application.They informed me when i tied myself into a new product[and they are not denying this and when they listen to the tape it will confirm it] THAT THIS PRODUCT IS PORTABLE.Surely i have a case.Nowhere in my original or in the new mortgage offer which i signed recently did it mention additional properties.

Summary......Asked for new product offer subject to its portability...Bank had all my income and other details......gave me new product.........then refused me permission to port it........Thats it.....If they changed their criteria in the last 5 months then i may not have a case, otherwise surely i have a case?

Sturman'

casperlarue

taken from the same thread as above, a few posts above the previous quote.....

i tied myself in to a two year tracker mortgage 5 months ago. i was ok with it even though we were thinking about moving as i checked and it is portable. However today i was informed by santander that i couldnt port it as i had 6 buy to let properties and they don't allow more than five attached to any one name.

You reap what you sow Sturman......

sturman

casperlarue wrote: »

taken from the same thread as above, a few posts above the previous quote.....

i tied myself in to a two year tracker mortgage 5 months ago. i was ok with it even though we were thinking about moving as i checked and it is portable. However today i was informed by santander that i couldnt port it as i had 6 buy to let properties and they don't allow more than five attached to any one name.

You reap what you sow Sturman......

Full reimbursement from Santander plus interest.You certainly do reap what you sow...But what has this got to do with anything on this thread? Me thinks youre one of these LL whose got one or two investment properties, thinks every tenant should read the minutiae of every housing act thats ever been published,you worry incessantly about every little problem that may occur and then rage if people dont play the game.Grow some balls and go out and build a portfolio and you'll realise this is a business not a LL plaything.I am a LL[first time a tenant in 20 years whilst i waited for my house] It has taught me a lot.It has also made me think that tougher regulation on LL is inevitable,I would even say that the recent European directive that was defeated which would outlaw BTL had a point.Property should be managed and run by medium sized businesses only.Investment properties should be in specific property companies only.
Anyway good luck