how to get evict easily

BobProperty

savinglikemad wrote: »

dated the letter at day written 31.8.07 gave notice from that date that tenancy would not be re newed at end of tenancy which (from memory) as letter not here with me 5.11.07 therfore giving her 2 months notice

Crossed with my other post. How do you know she's received it? This letter was the one that was received not the one that the Post Office said was lost, I assume. On that basis, and provided the S21 type details were correct then you have issued an S21 for 05/11/2007.
Sorry, back again, just re-read OP. What dates are on the last AST the tenant signed? (you said tenancy started 02/05/2006 but this one finishes 05/11/2007 so we need to know the dates on the most recent AST)

savinglikemad

sent it registered post mind you sent one a couple of weeks earlier and post office cannot trace it!! Have tried to deliver by hand and get it signed for but she won't answer door, although neighbours say she is in, did not mean I was evicting because of her circumstances with child purely evicting due to I want house back so I can live in it as selling our own, but now want it back as rent arrears occuring if the rent had been paid I would have allowed her to live there til ast up.

silvercar

You are running a business not a charity, focus on that.

The easiest and quickest way is to evict using S21 at the end of the tenancy on the grounds that you the tenancy is over.

Anything else, like breach of terms or rent arrears allows a judge to use his discretion and could take longer.

Accept that the earliest you can gain possession is the end date of the tenancy (assuming you can get away with delivering the notice 2 months before). It may be that your tenant will need a notice of eviction to take to the council before she shifts herself, but this is still the quickest way.

savinglikemad

thank you silvercar, i agree it is a business thats why i want her out as quickly as possible without any hitches, and I do feel if I go for the court method via arrears it will take months and cost me to do this I just want the most clear cut undisputable way, I have a gut feeling that end of tenancy is the way, as timing for both will be about the same by the time the court has sent her notice of arrears etc. So if my s21 is correct will recheck and re send again to make sure (Three times lucky) (provided still within time frame) and on the day she is supposed to vacate if she does not I go then to court and then issue an eviction am I right or is there a time frame after that. Also can I apply to court prior to end of tenancy date to ensure she moves out on that date. I really don't think she will vacate without a court letter, as she has nothing to lose by staying no other landlord will take her.

BobProperty

savinglikemad wrote: »

....So if my s21 is correct will recheck and re send again to make sure (Three times lucky) (provided still within time frame)....

No you are too late to re-send it for 05/11/2007.

savinglikemad wrote: »

and on the day she is supposed to vacate if she does not I go then to court and then issue an eviction am I right or is there a time frame after that....

The time frame is how busy the courts are and how long the judge gives the tenant to vacate. You need a possession order and have to go to court to get one. If the court gives you one, it has to be served on the tenant. If the tenant doesn't leave by the date on the court order you have to go back to court and get the bailiffs to get possession for you.

savinglikemad

thanks bob, as I said to silvercar not got paperwork on me so not quite sure on date of tenancy review, will check when home, and if poss send another registered letter. thank you for all your help, talking to you all has made me see the light, really her arrears are a pain, but unfortunalty sometimes it works out that way, guess i'm in lucky position that house has small mortgage and therfore can manage arrears, god knows how I would feel if it was not and I think alot of people don't bear this in mind when jumping into the buy to let,

BobProperty

Where did you say the deposit was?

pickles110564

I know how you feel as have been through similar problems, it is not easy but you must follow the correct legal route.
After the very good advice I got from Silvercar and Bob, I realised that I have only been playing at the LL game and now have handed over all my Btl's to a LA that way I dont get feelings of wanting to go round and batter the lazy good for nothing tenant scum.
Keep your chin up it can only get better

jmrance1

Unfortunately it seems to be almost impossible to get someone out if they don't want to leave and it is even harder to get arrears out of them. My solicitor once told me that most landlords pay their tenants to get out because it is cheaper than going the legal route and much, much quicker. Legal route can take 6 months so that is 6 months of mortgage payments with no rent to cover them.

savinglikemad

yes agree with last two posts, but can only say pickles having been doing this for quite a few years now and this is first problem case i have had, so don't think its too bad, just sometimes law seems too inflexable, but guess its there to protect all,