tenants opening/binning post

jamels2

I am a bit taken aback yes, I did say when they moved in I was looking to rent out for a year or two at most. This is why I only got a temporary consent to let and didn't change all my post. However, due to them losing jobs and now claiming benefits they are unable to move. I really don't want to deal with these people anymore, let alone be a landlord. Don't want to change to buy to let mortgage, etc etc. What can I do now?

darren_clarke

you need to evict them through the courts, as long as your getting your rent, you have to prove why you want them out, and have good reason, just because you don't want to deal with them is not a good enough reason to kick them out,

Torry_Quine

jamels2 wrote: »

I am a bit taken aback yes, I did say when they moved in I was looking to rent out for a year or two at most. This is why I only got a temporary consent to let and didn't change all my post. However, due to them losing jobs and now claiming benefits they are unable to move. I really don't want to deal with these people anymore, let alone be a landlord. Don't want to change to buy to let mortgage, etc etc. What can I do now?

Do you even have permission from your mortgage lender to rent out your house?

jamels2

thanks darren, is wanting my property back for my own occupation a good enough reason? if not that, what if I just want to sell the property, is that enough reason?

torry, as I said I had consent to let, but I think its ran out now, so I'm not sure what to do.

Werdnal

darren_clarke wrote: »

you need to evict them through the courts, as long as your getting your rent, you have to prove why you want them out, and have good reason, just because you don't want to deal with them is not a good enough reason to kick them out,

Total rubbish!

If tenants are outside their fixed term, the LL can serve them an S21 notice seeking possession. This is a "no fault" notice and LL need not give any reason whatsoever to use it.

After notice period (2 full calendar months), if tenants have not moved out, then LL applies to court to gain a possession order to end the tenancy.

If the tenants are still within fixed term, landlord can issue notice now, but cannot act to achieve a possession order until the FT ends.

Note - S21 can only be issued if deposit has been protected and full prescribed information given to tenants within 30 days of receipt of the deposit funds. S21 issued on a periodic tenancy must co-incide (ie expire) in line with a tenancy period, so must be served and dated correctly to be valid.


OP, you mentioned in your first post that you want to evict but not taken it to court yet - have you issued them correct and valid notice? Has the full 2 months expired? If so, and you are confident the S21 was correct and deposit has been protected/PI served, apply to court and get you home back!

Lou67

I am not sure why you didn't get your mail redirected Jamels.. ANYone who rents a property out for 2 years as you have would never dream of allowing the mail to go there. I don't know what the reason is for you renting a house out that you intended to go back to, but it's confusing because a Royal mail redirection takes about 3 to 5 working days to go through. I cannot imagine why you wouldn't want the mail directed to the property you're living in.

I moved into my current property in Oct 2010, and for many months I kept getting stuff for the LL, even though she moved out a year before: nothing major; just junk mail, and letters from people she knew vaguely etc, but it got very annoying; especially as she told the agent she wants me to drop it off at the property agent. I got so p1ssed off that in the end, i just started putting 'not known' and sticking it in the postbox!

I have to say that I have to agree with the majority of the posters here; sorry if you aren't getting much sympathy, but I can't really see that the tenants are at fault here. You are going to have to issue an S21 if you haven't already and then apply through the courts for eviction. I agree with Werndal... As long as the fixed term is up; you have a right to have your house back after 2 months. Not sure why anyone would let it get this far though, as it will hardly make any other landlord want to take them on.

Why don't you contact them and just ask if you can pop and see them, and explain that you need your house back. It is yours, and you do have a right to it, but only if their tenancy IS up...

Torry_Quine

jamels2 wrote: »

thanks darren, is wanting my property back for my own occupation a good enough reason? if not that, what if I just want to sell the property, is that enough reason?

torry, as I said I had consent to let, but I think its ran out now, so I'm not sure what to do.

You need to contact your lender then to find out.

As to the post I don't blame them for being unhelpful as to your post.

<sebb>

If my landlord was trying to evict me and couldn't be bothered to change his address, I'd probably bin their post too. Two years is far to long to expect people to forward it on. My patience wears thin at 3 months.

theartfullodger

jamels2 wrote: »

....This is why I only got a temporary consent to let and didn't change all my post. However, due to them losing jobs and now claiming benefits they are unable to move. I really don't want to deal with these people anymore, let alone be a landlord. Don't want to change to buy to let mortgage, etc etc. ....

Serious question: Anything else you didn't bother with?? Deposit protection & do you understand "serving prescribed information"?? Reporting rental income to HMRC?? Landlord insurance?? Gas safety certificate?? An address for tenant to serve notices on you in England & Wales??

- get any of those wrong & you are likely in BIG trouble....


Amateur landlord doesn't seem to like amateur tenants...

jamels2

I dont' want to give the impression I am having lots of post sent there, it is only the odd thing, where I forgot to specify my current address. I still have my bank account registered at my let property but I have paperless billing. If I had any letters that weren't addressed to me then I wouldn't dream of opening/destroying them, whatever the circumstances!

To the other reply I have had gas checks done and got the boiler serviced. I might have to do a new S21 notice then as I can't find the original, at least I can get things moving then. 2 months then take legal action.