Help dont know where to start evicting tenant on criminal damage

angelican

The tenant to the property i rent put some windows through on new years day along with other damage to internal doors, walls etc. He was arrested and charged for criminal damage. His girlfriend has now left the property but he continues to live there he wants to stay but i want him to leave asap because of the damage he has caused.

I issued them with another shorthold tenancy agreement on 20/10/2013 until 20/10/2014. She signed it but he didn't. His girlfriend was paying the rent an he has agreed to pay the rent from now on. His girlfriend is quite happy to not carry on with the tenancy but he wants to stay there of which i have told him no as the other landlord to the house my sister wants to move in and to be honest i cant be mithered with the hassle.

I have suggested giving him 2 months notice to find somewhere else to live and in the meantime he is replacing the windows and fixing the other damage caused out of his own expense. I have a feeling even after 2 months he may refuse to leave and i will have to get a court order to evict him. The police have told me that if this happens due to the damage caused he will unlikely win and be able to stay in the house longer but i just want him out the easiest quickest possible way. I have not put anything to him in writing as yet as i don't know the best route. Any advice will be greatly appreciated.

thesaint

Serve a valid Sec 21 notice on the tenants now.
On expiry, go to court.

theartfullodger

Agree with saint but (morally questionable but...) perhaps think of bribing him to go in exchange (after he's gone) for £££ & signed deed of surrender...

00ec25

he was not named on the original tenancy agreement

subsequent to that he has taken up occupation and (crucially) you have accepted "rent" from him. he therefore now has a tenancy contract with you and will need to follow the correct process as outlined by the earlier replies

had you not accepted rent from him you could have evicted him as a tresspasser with no right to be there - lesson learned!

angelican

His girlfriend is willing to surrender property but i would need them both to. I did mention that i may possibly be willing to drop charges if he put the house right to how it was. But at the moment he is not being completely honest as to how this all came about so i cant trust him. He obviously doesn't want to go to court for criminal damages so maybe if i agree to drop charges when he surrenders the house. I just want the house put right and for him to leave

BigAunty

angelican wrote: »

His girlfriend is willing to surrender property but i would need them both to. I did mention that i may possibly be willing to drop charges if he put the house right to how it was. But at the moment he is not being completely honest as to how this all came about so i cant trust him.

Can you drop criminal charges (or is it for the police or CPS to decide?) or do you mean that you will drop seeking compensation via a civil claim?

angelican

00ec25 wrote: »

he was not named on the original tenancy agreement

subsequent to that he has taken up occupation and (crucially) you have accepted "rent" from him. he therefore now has a tenancy contract with you and will need to follow the correct process as outlined by the earlier replies

had you not accepted rent from him you could have evicted him as a tresspasser with no right to be there - lesson learned!

He is named on the tenancy agreement he just didnt sign it this time his girlfriend did and she is the one that paid the rent via standing order from her own personal bank account.

angelican

BigAunty wrote: »

Can you drop criminal charges (or is it for the police or CPS to decide?) or do you mean that you will drop seeking compensation via a civil claim?

Yes the police said i can drop charges. I have informed them that he is going to fix and pay for all the damages and they agreed that was best option but until I'am completely happy that all the work has been done then don't drop the charges

donfanatico

do you know what happened?

Maybe they had an argument, she moved out.

Eponym

angelican wrote: »

Yes the police said i can drop charges. I have informed them that he is going to fix and pay for all the damages and they agreed that was best option but until I'am completely happy that all the work has been done then don't drop the charges

You cannot "drop the charges", only tell the Police that you no longer support the prosecution. This is a very common misconception. If the CPS have advised the Police that he should be charged, the CPS are the only ones who can decide not to proceed with the case. If you say you do not want to support the prosecution, it may still be able to proceed without you or your evidence.

angelican

Eponym wrote: »

You cannot "drop the charges", only tell the Police that you no longer support the prosecution. This is a very common misconception. If the CPS have advised the Police that he should be charged, the CPS are the only ones who can decide not to proceed with the case. If you say you do not want to support the prosecution, it may still be able to proceed without you or your evidence.

Im not sure to be honest Im not really bothered if he goes to court or not this is not the issue here i just want my property fixed and him out