how to get evict easily

savinglikemad

hi we have a tenant on 6 month ast, who started tenancy 2.5.06 just her and her then year old child. All was fine til last December, when her child was taken into foster care, due to aledged cruelty, have spoken to person who reported her apparently child was covered in human bite marks, fag burns and brusing over all body. Tenant insists the child is coming back to her first in Feb then april then Aug now Dec, have spoken to social worker whjo says case of child returning is still open, Tenant said housing benifits would not be effected as til case closed housing still classed my property as childs home therefore would not effect housing benifit, had letter 31.7.07 saying housing benefit suspended. I sopke to housing benefit yesterday who say it will be backdating arrears and she only will get housing benift as single person under 25 about £25 per week rent is currently £425 per month, hence large arrears, other problems tenant had police several times to property due to loud parties rows with neighbours, (Which we confonted her with and admititly have now stopped) other problem her mum who is alki and Junkie moved in against rules of ASt again tenant notified and mother has moved out. position now 2 months since any money recieved from council plus awaiting any reclaim the housing benifits will make once they do resume payments. have sent registered post and informed I will be taking eviction process, but when I spoke to court earliest they anticpate to hear is mid October due to 3 weeeks notice to tenant from them. BUt her 6 months renewal is up on 5.11 (I have already said I will not be renewing contract ) and had no intention of due to all problems. what would you load do, and how can I get her out if she does not leave on 5.11.07 do I still have to go to court then

BobProperty

Have you issued a S21 notice? If you haven't, she isn't going on 5/11/2007 or any time shortly after. Search through here or landlord sites for S21 notice procedure. I suspect you will have to go all the way through courts and bailiff process to get her out, so you will be adding to this thread for 6-9 months.

Minor point - if the child is in foster care, the child lives with the foster parents so her HB claim would be affected as she would be a single adult from either the point the child is taken into care or placed with the foster family IMHO.

BobProperty

going2die_rich wrote: »

Do the right thing, get a bat and remove her from the property. I don't believe in hitting a woman, but someone that harms their child deserves a beating of a lifetime.

Just kick the door in, throw her out and then have the locks changed. Sell anything she has in the house to cover costs. Let her rot on the streets.

DON'T BE SILLY. Do the above and you will more likely be inside longer than her.

savinglikemad

yes i sent registered post that i was not going to renew tenancy she has also been told this verbally in the past, but what do I do if she hasn't gone at the end of the tenancy, I would dearly love to just change the locks and be done with her, but law stands on her bloody side. and yes i agree with other posting feel like taking big bat, but can't as from what i see law is also on her side, And she is pregnant again so if i did take a big bat, some one would say its unfair to her unborn child!!!

silvercar

look on landlordzone.co.uk forums for advice on S21. It may be that you served it just after the start of the tenancy, it may be that it hasn't been served. You need to now make sure it is served (corrctly). This is a notice that you want the property back at the end of the tenancy. It is a non-discretionary notice ie a judge can't say that you should give the tenant more time to find another property or tackle rent arrears.

You have 2 objectives:

1) getting the tenant out - do this by serving the S21 notice, it will be the quickest way. You don't want to tell a judge that rent arrears are anything to do with wanting her out or she could (if advised correctly) continually ensure her rent is just under 2 months in arrears at the court date and the case will be thrown out. She could try and blind the judge with tales of HB delays and get sympathy. S21, statutury 2 months notice, end of contract, tenant out, no discretion - way to go.

2) you want the rent arrears paid off. The contract is between the tenant and you, any HB claim is the tenants responsibility not yours. If the HB is reclaimed back from you, the tenant then owes you even more money.
Your only option may be to take the tenant to the small claims court to get the money, if it is not forthcoming you may have to employ baliffs. At some point you may need to judge whether the tenant actually has any money, if not there is little point in throwing good money after bad and pursuing her further.
If there was a deposit you could retain that for the rent arrears. Was there a guarantor or council bond? If so you could try and claim on that.

Its a classic problem whether to accept HB direct and know you have the rent before it is spent on other things, or whether you should accept rent direct and leave the tenant sort out their own HB. Now you risk the council claiming it back whereas if the council had paid it to the tenant they would be claiming it off her.

lynzpower

can you not start evictions processes NOW given the fact she is breaking the terms of tenancy by moving other people in against the terms of the tenancy?

savinglikemad

she has moved her mother out she claimed it was only a short term thing but i think mother would still have been there now if we had not kicked up fuss, she has another chap living there now i think but really am not bothered as just want her out, part of the reason we wanted her out is because we want to do the house up so we can sell our own house and move into that one, but the child / noise / mother / arrears problems have just made it a messy tenancy. I have told her verablly several months ago we would not renew, have sent 2 recorded letters (But one got lost in post the post office say) but am going to try and get her to sign one as well. So what happend if she is still in there on day i say tenancy up (think will have to fo go arrears eviction route as that seems more long winded and expensive, also can be contested etc as you rightly say)

savinglikemad

oh and forgot to say i have deposit of £450 which is one months rent but if the housing are only going to pay £50 a week and back date that to april by the time she leaves her arrears will be £1400 (7 months by £200 per month underpayment) so that sort of leaves that,

Guy_Montag

!!!!!!! If you're going to be a landlord at least find out the basics! Find out how to serve a section 21 eviction notice properly. Writing to her or telling her verbally that you will not renew is not the right way of doing it & is no good to you.

Serve the Section 21, then consider serving a Section 8 to get her out quicker.

I'd probably forget about the arrears - I very much doubt there is any point in chasing her for it & it'll just cost you time & money. Chalk it up to experience & move on.

savinglikemad

have put everything required in the section 21 in the letter and have had it sent registered so what have i done wrong, I told her prior to sending her letter out of common decency, to inform her, also to try and prompt her to find something else, i think many poeple her who have had notice served would have appreciated knowing prior to the two months legal requirement.

coal9011

Issue a Section 21 claim for possession using the "accelerated proceedure" in your local County Court. There must be 8 weeks rent owing to you for this to succeed. Beware if this rent is paid before the date of the possession hearing you MAY still have a problem. In any event - no matter what she has done - she can not be evicted without an order of the court. Even then you may have to apply for court baliffs to evict her.

I am sorry that you have had this problem, but it sound like SHE HAS MENTAL HEALTH PROBLEMS AND NEEDS HELP?