tenants opening/binning post

Takeaway_Addict

This isn't going to end pretty, ignore the post aspect and start going through the courts for possession

Lou67

jamels2 wrote: »

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.

Not being funny, but you need to get these tenants out, because you REALLY should not be a landlord! You LOST THE S21?!

And you said you would not destroy other peoples mail; but I bet you would if it was still coming through your letterbox TWO YEARS after you had moved in to the property. We had to put up with mail coming through for up to about 6 or 8 months (the LLs mail,) and even NOW, we still get old tenants mail, who moved on 2.5 years ago!!! I just bin it now. (especially as we do not know where the heck they are...) Anyone important would have been given their new address. I am not a ruddy postal service! Nor am I anyone's lacky or secretary!

And why has your bank not got your new - and current - address? The bank would be one of the first I would tell... You seem rather skittish and disorganised, I have to be honest. Did you register the deposit with the DPS?

jamesd

Yes, you wanting to move back in is one of the stronger reasons for wanting the property back.

Being a landlord is a business. You can be understanding but it's still a business and you need to do things like evicting sometimes.

darren_clarke

Werdnal wrote: »

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!

when i owned a house a few years ago, i decided to rent it out, when i want the house back i gave the tennent notice, and then got told by the council that if i contacted him again, it would be done for harressment, as they told him, he didnt have to give up the house, unless i got a court order to get him out, they also told me that i had to prove why i wanted him out, i could not use the reason i wanted to live there my self, basically as the council didnt want to housing them, they felt that i should, i was given a book with my rights in, and bascially unless they broke certain laws, then i would of had a battle on my hands to get my house back, as far as the council was concered i was harrassing the tenent to leave, because i issued a notice to him, and they where prepared to back him in court (so they didnt have to house him)

i know if they are selling drugs or on the game, you can get them out in a week

Yorkie1

darren_clarke wrote: »

when i owned a house a few years ago, i decided to rent it out, when i want the house back i gave the tennent notice, and then got told by the council that if i contacted him again, it would be done for harressment, as they told him, he didnt have to give up the house, unless i got a court order to get him out, they also told me that i had to prove why i wanted him out, i could not use the reason i wanted to live there my self, basically as the council didnt want to housing them, they felt that i should, i was given a book with my rights in, and bascially unless they broke certain laws, then i would of had a battle on my hands to get my house back, as far as the council was concered i was harrassing the tenent to leave, because i issued a notice to him, and they where prepared to back him in court (so they didnt have to house him)

i know if they are selling drugs or on the game, you can get them out in a week

Councils tell tenants to wait to leave until they have been through the lawful eviction process. Otherwise the tenants are treated by the councils as being intentionally homeless.

If you serve a s.21 notice, you get the house back automatically. It is a no-fault notice and there is no possibility, let alone requirement, to prove the T has broken any laws. Whether the council told you wrongly, or you misunderstood, what you are repeating on here is completely incorrect.

As for getting them out within a week, that's complete rubbish. Where on earth did you read that?

darren_clarke

it was in the book that the council gave me, for what my rights where to get tenats out, it was about 8-10 years ago now

darren_clarke

so if serving a S21 gets you the house back, why do the councils tell you not to do any thing till the LL has a court order telling you to vacat the property by a certain date

so what is to stop a LL deciding he wants you out after you have decorated it, just so he can get more rent from someone else,

mrginge

darren_clarke wrote: »

so what is to stop a LL deciding he wants you out after you have decorated it, just so he can get more rent from someone else,

Nothing.
If a tenant wants to improve the LLs house at their own cost then that's the risk they take.

Werdnal

darren_clarke wrote: »

so if serving a S21 gets you the house back, why do the councils tell you not to do any thing till the LL has a court order telling you to vacat the property by a certain date

so what is to stop a LL deciding he wants you out after you have decorated it, just so he can get more rent from someone else,

Council say that to tenants because the S21 does not in itself end the tenancy. If tenants move out on or before the S21 ends, they are making themselves "intentionally homeless" as until the LL applies to court to evict them, they do not have to move. Some tenants will obviously take the notice as a prompt to find somewhere else, but they do not have to.

If they wait for the full eviction process, then they are "unintentionally homeless" so Council have a duty to provide accommodation. Its basically "working the system".

Housing laws change a lot over time, but even in 8-10 years, the S21 notice and eviction route has not altered much.

Were the tenants you were trying to evict still in their fixed term? If so, then you are correct that unless they breach the tenancy in any way, ie rent arrears, late payments, criminal activity etc, you cannot force them out then without a reason, but that comes under a totally different notice process (Section 8).

S21 is and always has been a guaranteed process to evict the tenant, and if served correctly, will gain possession order without a problem, but has no effect until the fixed term ends.

Lou67

darren_clarke wrote: »

so if serving a S21 gets you the house back, why do the councils tell you not to do any thing till the LL has a court order telling you to vacat the property by a certain date

so what is to stop a LL deciding he wants you out after you have decorated it, just so he can get more rent from someone else,

The S21 simply gives 2 months notice to the tenant to leave, and at the end of the 2 months, you have the opportunity to take them to court if they will not leave. It is NOT a guarantee to 'get the house back,' after those 2 months.

As for 'what is to stop the landlord booting you out after you have decorated it.:' That is the risk you take renting privately, and being on a periodic tenancy. You are not 'tied,' but you have no real security either. If someone pays £300-£400 plus, on decorating in a private let that they are in with a periodic tenancy, then more fool them... We have been in our house for 2.5 years, and have looked after it, keep it warm and clean etc, but apart from spending £30 on paint to improve the back area and the hall stairs and landing a bit; we have spent nothing on it.

We have bought curtain poles and curtains and blinds, which were not there when we moved in, but they will be coming with us. My husband wants to redecorate before we move, but I have told him that I refuse to do anything to the place before we leave and intend to only leave it as we found it. No blinds in the kitchen or bathroom, no curtain poles, and no toilet seats (we bought them too.) Frankly, the house was a hovel when we moved in, and will be in better condition anyway.

Upshot is; you would be a fool to spend more than double figures (under £100) on a private let. You pay megabucks in rent; let THEM pay for improvements/decoration.