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Eviction help

Hi im in the process of evicting a tenant, s21 has been served. They have constantly ignored my phone calls and when i go to the property. They've answered the call on some occasions and kept saying yes i will tidy the house and give the keys(kept delaying leaving). They have also stop paying me rent now for 3 months . i have been so unhappy with what the tenant has done. Ive been going to my house but no-one has answered, enough was enough and i let my self in last week, the house is a mess(carpet all black, they've taken my cooker, lights left on and mail from at least 2 months).

I need some advice what shall i do

Thanks
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Comments

  • Yorkie1
    Yorkie1 Posts: 12,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Let's start at the top:

    1. Are you in England / Wales?

    2. Did the T provide a deposit at the start?

    3. Did you protect the deposit AND send the Prescribed Information to the T within 30 days?

    4. What are the start & end dates of the fixed period of the T's tenancy?

    5. What date did you send the s.21 notice?

    6. What date did you put for the expiry of the s.21 notice?

    That deals with whether your s.21 notice is likely to be successful in court if it gets that far.

    As for just letting yourself in, that was a really bad idea. You are not entitled just to do this - it could be classed as a criminal act. Do not do this again.

    You need to follow proper legal process, i.e. the court route, to get them out.

    You say that they haven't paid for 3 months. This provides you with an alternative route for eviction, which may be shorter, but if they pay the arrears down to less than 2 months then the claim is likely to be unsuccessful.

    To be honest, I think you would be best advised to join a national or local LL's association. The risks to you, your property, and your pocket from getting this wrong are high - and the joining fee is tax deductible.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    as yorkie says. Once Qs are answered, advice can be given.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    edited 18 July 2013 at 10:16PM
    I'll save OP the trouble, as its all here:

    https://forums.moneysavingexpert.com/discussion/4526035=

    with links in that post to the previous ones by OP where they asked for advice, got it in spades, and totally ignored most of it! Suggest everyone acquaints themselves with the facts, then attempts to advise OP on what to do next ...
  • grifferz
    grifferz Posts: 568 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Wow, that previous thread is a car crash. Not condoning tenants trashing someone's place and not paying their rent but boy am I glad I am not one of OP's tenants.
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Werdnal wrote: »
    I'll save OP the trouble, as its all here:

    https://forums.moneysavingexpert.com/discussion/4526035=

    with links in that post to the previous ones by OP where they asked for advice, got it in spades, and totally ignored most of it! Suggest everyone acquaints themselves with the facts, then attempts to advise OP on what to do next ...

    And here http://www.landlordzone.co.uk/forums/showthread.php?56596-Eviction-help
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Werdnal wrote: »
    I'll save OP the trouble, as its all here:

    https://forums.moneysavingexpert.com/discussion/4526035=

    with links in that post to the previous ones by OP where they asked for advice, got it in spades, and totally ignored most of it! Suggest everyone acquaints themselves with the facts, then attempts to advise OP on what to do next ...

    AAaaaaagh!

    (thanks Werdnal- well spotted)
  • shoebp12
    shoebp12 Posts: 89 Forumite
    The tenant has left nowhere to be seen, cant contact her keeps disconnecting my calls, i have now changed the locks. a letter which i posted 2 weeks was lying around must be other mail from at least 6 weeks. my query is ive wanted to do everything legal which ive tried eg return deposit, serve notice but by doing that ive been stung. my house needs at least £1000 of repairs theyve stolen certain things from my house, im pretty sure she gave my keys to someone else, other peoples stuff is their and on top of it she owes me £1000 of rent.

    What can i do to recover all my money including damages.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    I'm sorry you've had a bad tenant, most landlords now would either go through their insurance or the small claims court, however looking at your previous threads these options are not available to you as you chose not to appropriately deal with your tenants deposit.

    If you wanted to do everything legally why didn't you protect the deposit? Why did you enter the property without permission from the tenant?
  • grifferz
    grifferz Posts: 568 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    So now you have illegally repossessed a property containing the belongings of people who are quite willing themselves to break contracts, destroy your property and jerk you about?

    I don't think your life is going to get any easier any time soon. Your best hope now seems to be that these people are just scum as opposed to scum who know a bit about the law. :(
  • shoebp12
    shoebp12 Posts: 89 Forumite
    i dont think some people understand she has trashed my house, stolen stuff from my house, knowing her shes probably left 2 months ago and gave keys to someone else because theirs letters and other things from other people.

    people keep harping on about law but i dont know where she is, shes vacated the property letters will not be received by her because shes nowhere to be seen. court proceedings who are you going sue when i dont know where they are, it would be just wasting money with court proceedings. the law just protects tenants but if theyre skum then the landlord is still at fault.

    iv changed th locks about a week ago and guess what ive not received a call saying why have you changed the locks.
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