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Tenant Problem!! help please other landlords
Comments
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I have great sympathy. Over 10 years ago, we had to leave our first home as I had been made redundant and needed to live closer to my new job while I was training. So we rented out our house with permission of the mortgage lender and rented another property ourselves. Two years down the line we wanted to buy again and therefore needed to sell our rented property.
We gave the tenant the correct notice period and at this point rent payments ceased. (I could retell the story of what happened when our rental agent turned sales agent tried to sell it but that's for another day). Our tenants had young children and had falled on hard times. They were eligible for a council house which they turned down as they preferred our house. Apparently having young children at school gives them some kind of additional rights to stay in a property - I'm not sure of the exact details as this was some years back.
We had to commence eviction proceedings. We were lucky that the eviction notice was granted (again the concern being they had a case to stay due to children). They refused to answer all correspondence - from lawyers etc and stated they intended to stay and pay no rent despite eviction order. They were still there the night before eviction day so we were expecting to have get this enforced.
On the morning of eviction - they had gone. A week later we received our arrears with a letter explaining that the couple had split up and one of them had a breakdown due to them both being out of work. The father had found a new job and wanted a clean slate to get his life back on track.
I wanted to let you know sometimes these things end ok. (And we completed on selling the house within the week)
I do hope your situation resolves ok.0 -
Thank you all, I will look into issuing an S8. need her out asap, or at this rate and the expected 6-8 weeks eviction process she will owe me 4 months rent!! Great with a mortgage to pay!
Tenant (or indeed agent...) not paying rent, perhaps for much longer than 4 months, is (apologies..) a bleedin' obvious risk that any old fule could have spotted a mile off on a bad day with a raging hangover. It is but one of the many, many challenges any landlord must cope with, emotionally & financially. If you can't cope, get out of the business.
That you have a mortgage (and thereby get tax relief funded by decent hard-working taxpayers..) if your problem, not the tenants & usually judge won't be persuaded that that is important.
If you really need her out ASAP try bribery - but in a way that won't be seen as harassment. S8 eviction is likely to take way longer than 6-8 weeks especially if tenant (who may be viewing this thread..) uses disrepair defence & then asks for more time. Judges understandably are wary of making people homeless, particularly if pressured by financially ill-planned landlord.
Cheers!0 -
To be honest, asking for possession of the property on 28th December is a bit off isn't it?
The week in between Christmas and new year?
How easy do you think it would be to find a property and move that quickly with the festive season so close?
Maybe the situation would have been different it you had thought the timeframe through a little more and issued the notice sooner or asked for possession at the end of January instead.:hello:0 -
Tiddlywinks wrote: »To be honest, asking for possession of the property on 28th December is a bit off isn't it?
The week in between Christmas and new year?
How easy do you think it would be to find a property and move that quickly with the festive season so close?
Maybe the situation would have been different it you had thought the timeframe through a little more and issued the notice sooner or asked for possession at the end of January instead.
I have already said that the timing was unfortunate, but personal circumstances which I will not go into dictated. She had a full 2 months notice, perfectly adequate to find somewhere, and has the wherewithal to pay, but chooses not to. I stopped being sympathetic when she stopped paying. Had she attempted to pay the rent, I may have been able to extend the notice period, but without this income I am unable to.0 -
You're a landlord providing a 'professional' service... I would suggest that a tenant not moving out over Christmas was a risk that should have been anticipated.
Don't play the victim... you should be the professional in this relationship.
Two months, ending in the period in between Christmas and new year is not really 'adequate' in my opinion.:hello:0 -
If she had continued to pay the rent as you say then you could have extended the notice period which again begs the question why the 28th December0
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Must agree about the dates. It seems you are a good landlord and perhaps just didn't consider this but the dates could've been better. I'm sure u agree if u consider the implication on someone with4 children.
+ u know that because Uve given notice doesn't mean the tenant leaves.0 -
Tiddlywinks wrote: »You're a landlord providing a 'professional' service... I would suggest that a tenant not moving out over Christmas was a risk that should have been anticipated.
Don't play the victim... you should be the professional in this relationship.
Two months, ending in the period in between Christmas and new year is not really 'adequate' in my opinion.
I was not asking for your opinion of me or the timimg, which I do not wish to explain any further, but rather advice on how to deal with the situation from here on in. I am not 'playing the victim', rather this person is playing the system. I want to ensure that I am able to regain possession of MY property as soon as possible, without causing delays to the process by taking inappropriate action. This is the advice I was looking for. I will remember to feel sorry for the 'poor' tenant when the property gets repossessed by the bank. You don't know my circumstances so please don't pass comments which you cannot justify.0 -
I was not asking for your opinion of me or the timimg, which I do not wish to explain any further, but rather advice on how to deal with the situation from here on in. I am not 'playing the victim', rather this person is playing the system. I want to ensure that I am able to regain possession of MY property as soon as possible, without causing delays to the process by taking inappropriate action. This is the advice I was looking for. I will remember to feel sorry for the 'poor' tenant when the property gets repossessed by the bank. You don't know my circumstances so please don't pass comments which you cannot justify.
True, but you should expect such problems when running a business0 -
I was not asking for your opinion of me or the timimg, which I do not wish to explain any further, but rather advice on how to deal with the situation from here on in. I am not 'playing the victim', rather this person is playing the system. I want to ensure that I am able to regain possession of MY property as soon as possible, without causing delays to the process by taking inappropriate action. This is the advice I was looking for. I will remember to feel sorry for the 'poor' tenant when the property gets repossessed by the bank. You don't know my circumstances so please don't pass comments which you cannot justify.
You are a landlord who has established a business contract with a tenant. Anyone is this profession should know that there will be seasonal variations in the market of available properties and the ability for tenants to move quickly.
Also, anyone in this profession should know that non payment of rent and the possibility of overstaying tenants are business risks that should always be considered and factored into financial planning.
The property is mortgaged - your business, your problem, you should have a contingency in place for this eventuality.
You should also be prepared to seek professional advice for your business queries rather than relying on an internet forum - or just accept that people such as myself will post things that you don't want to hear!:hello:0
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