End of tenancy - tenant still there but has somewhere else to live

domcastro

Guest101 wrote: »

As above, but added- you should serve a s8 now too and begin court proceedings first thing in the new year.

Don't change the lock unless he's asked for it.

I wanted to avoid all that. I was going to write off his arrears as "bad debt" and move on. He's doing himself no favours because it's laziness that has caused this. I've started to get cross and am now thinking of the court route and claim the arrears back. The lock just worries me because if he just goes without telling me, then I can't get in.

Just a waiting game now

Guest101

domcastro wrote: »

I wanted to avoid all that. I was going to write off his arrears as "bad debt" and move on. He's doing himself no favours because it's laziness that has caused this. I've started to get cross and am now thinking of the court route and claim the arrears back. The lock just worries me because if he just goes without telling me, then I can't get in.

Just a waiting game now

Unfortunately...

Unless he goes and signs a surrender letter/form. The only way for you to end the tenancy is via s21 and then court

Fair enough writing off the arrears, but he's taking the mick.

If you change the lock without written notice ( letter, not text) you could find yourself being arrested.

45002

Hello domcstro.

Just to let you know Illegal evictions can carry up to Two year in a Jail, Fines or Both

Plus

Plus a tenant can sue LL in the civil courts for damages...

domcastro

45002 wrote: »

Hello domcstro.

Just to let you know Illegal evictions can carry up to Two year in a Jail, Fines or Both

Plus

Plus a tenant can sue LL in the civil courts for damages...

I had no intention of illegally evicting him! He said he's going, there's no lock on the door, I need to put a lock on the door in case he does go. And he hasn't paid rent and just using my place as free storage (he's paying rent somewhere else!). So I doubt the courts would give him sympathy!

Pixie5740

You'd be surprised. There was a case not long ago where the T ended up in jail and the LL thought the property had been abandoned so took possession back without following the correct process and was fined £20k! :eek:

I don't understand why you'd use text messages as notice from your obviously shady T nor do I understand why you wouldn't pursue him for the arrears. I would and if necessary I'd get a CCJ awarded against him as a warning to future LLs. Did his new LL contact you for a reference?

Did you inform your T in WRITING (letter not text message, not Facebook, not Twitter or by having an airplane writing it in the sky) that a locksmith was coming giving the T at least 24 hours notice?

If you're not already a member of a LL association I recommend you spend the £80 as you'll find lots of useful advice there in case you're ever faced with such T again.

45002

domcastro wrote:

I had no intention of illegally evicting him! He said he's going, there's no lock on the door, I need to put a lock on the door in case he does go. And he hasn't paid rent and just using my place as free storage (he's paying rent somewhere else!). So I doubt the courts would give him sympathy!

Well you have nothing to worry about then, do you !

Anyway the tenancy doesn't End until the tenant surrenders it of there own fee will or Bailiff take possession for you with a valid court order .

domcastro

Pixie5740 wrote: »

You'd be surprised. There was a case not long ago where the T ended up in jail and the LL thought the property had been abandoned so took possession back without following the correct process and was fined £20k! :eek:

I don't understand why you'd use text messages as notice from your obviously shady T nor do I understand why you wouldn't pursue him for the arrears. I would and if necessary I'd get a CCJ awarded against him as a warning to future LLs. Did his new LL contact you for a reference?

Did you inform your T in WRITING (letter not text message, not Facebook, not Twitter or by having an airplane writing it in the sky) that a locksmith was coming giving the T at least 24 hours notice?

If you're not already a member of a LL association I recommend you spend the £80 as you'll find lots of useful advice there in case you're ever faced with such T again.

I have been paying a full management fee to an agent, who as it turned out has been awful. I hadn't been to the property for 3 years - they had 2 dogs and 3 cats, the garden was so overgrown that you couldn't see the shed. And there was no handle on the front door or key hole and stains on carpets. And the tenant is 3 months in arrears. I'm selling the house and just want rid. The agents are useless and just trying to get money out of me - I've had enough. I was an "accidental" landlord and just want rid and move on. This was why I was going to let the arrears go - more because I just want it all over. I have a buyer for the house and the tenant was surprisingly helpful and cooperative so this also made me more generous. But really, the tenant and agents have taken me for a mug! kind of funny - being a landlord is not for me.

He's got another place but is taking ages moving from one to another. I just hope he's out on the 29th, I can get a lock fitted and tidy up for the buyers.

45002

domcastro wrote:

I have been paying a full management fee to an agent, who as it turned out has been awful. I hadn't been to the property for 3 years - they had 2 dogs and 3 cats, the garden was so overgrown that you couldn't see the shed. And there was no handle on the front door or key hole and stains on carpets. And the tenant is 3 months in arrears. I'm selling the house and just want rid. The agents are useless and just trying to get money out of me - I've had enough. I was an "accidental" landlord and just want rid and move on. This was why I was going to let the arrears go - more because I just want it all over. I have a buyer for the house and the tenant was surprisingly helpful and cooperative so this also made me more generous. But really, the tenant and agents have taken me for a mug! kind of funny - being a landlord is not for me.

He's got another place but is taking ages moving from one to another. I just hope he's out on the 29th, I can get a lock fitted and tidy up for the buyers.

If he not then your have to get a possession order and bailiffs to enforce if T hasn't gone by date ordered by court, all that asuming you served notice correctly and deposit was protected in the correct manner !

domcastro

45002 wrote: »

If he not then your have to get a possession order and bailiffs to enforce if T hasn't gone by date ordered by court, all that asuming you served notice correctly and deposit was protected in the correct manner !

yes everything totally legit
I'm still going to get lock fitted on the 29th and if he hasn't gone, I'll just give him a key, then I'll start court proceedings - Accelerated possession for house and then small claims for rent arrears

45002

domcastro wrote:

yes everything totally legit
I'm still going to get lock fitted on the 29th and if he hasn't gone, I'll just give him a key, then I'll start court proceedings - Accelerated possession for house and then small claims for rent arrears

I do hope so for you sake !