Tenant wont leave!!

Pixie5740

Pennysmakepounds wrote: »

your logic amazes me, nothing in this world is free.

Tenants who do not pay rent and expect the LL to house them for free whilst he/she pays the mortgage, the court fees and the utilities (because if the tenant isn't paying rent he/she will not be paying anything else either).

When money starts to grow on trees, i'm sure the kind/sweet LL who worked 40/50 hours a week to buy the second property will plant a tree on in the rental property and let the tenant stay for free.:rotfl::rotfl:

What's illogical about protecting someone's home until an independent 3rd party (judge) decides that eviction is the correct course of action? Not every landlord tries to evict due to arrears and not every landlord is capable of serving valid notice.

By your logic should a home owner's circumstances change and they have a couple of months of missed mortgage payments then the lender shouldn't have to bother with court and should be able to turn up, change the locks and boot the occupier out on to the street.

Guest101

dktreesea wrote: »

Yes, I should have worded that better - I think it is better to protect the landlord's rights to be able to repossess his property at the end of the notice period in a timely fashion.


A landlord shouldn't be faced with months without an income from the property just because the tenants are playing jump the queue and the council is refusing to help them until "all other avenues are exhausted", saying they can't just leave at the end of the notice board, they have to refuse to leave and be evicted before they become homeless.

Right but this means a change in the law, so you need to go to your MP and speak to them. Ask them to draft a bill, get support in the house of commons.


OR ask the same MP to give more funding to the MOJ, to pay for more judges, more courts, more clerks.


The council are correct. A notice does not end a tenancy, and therefore they are not homeless. I don't agree with gatekeeping, but the law is clear on this.

Pennysmakepounds

Bluebirdman_of_Alcathays wrote: »

This is just getting the basics totally wrong. Utilities have nothing to do with the LL.

You are correct - but the mess that is left with debt is the LL responsibility to deal with.

Utilities companies can be being very un-cooperative because a LL can not provide a forwarding address.

Guest101

Pennysmakepounds wrote: »

You are correct - but the mess that is left with debt is the LL responsibility to deal with.

Utilities companies can be being very un-cooperative because a LL can not provide a forwarding address.

In what way can they be un-cooperative?


Because to be honest your just wrong. The debt is like any other, unsecured personal debt.


The person does not live there any longer.

theartfullodger

Guest101 wrote: »

In what way can they be un-cooperative?


Because to be honest your just wrong. The debt is like any other, unsecured personal debt.


The person does not live there any longer.

Precisely: I've had that sort of issue a couple of times - a phone call or two & all sorted..

Penny, what exactly did you ever have a problem with as a LL please?

Pixie5740

theartfullodger wrote: »

Precisely: I've had that sort of issue a couple of times - a phone call or two & all sorted..

Penny, what exactly did you ever have a problem with as a LL please?

Who knows, Penny is one of those OPs who goes around deleting the OP!

https://forums.moneysavingexpert.com/discussion/5131894

deFoix

No wonder there is a housing crisis in this country with people like you guys defending the softy soft approach and the indefensible; rents going through the roof (yes rents lead house prices like any other asset). Far far too easy to take advantage of the system these days. A more efficient system would lead to lower prices for everyone but hey what do I know.

Pixie5740

Boler1985 wrote: »

No wonder there is a housing crisis in this country with people like you guys defending the softy soft approach and the indefensible; rents going through the roof (yes rents lead house prices like any other asset). Far far too easy to take advantage of the system these days. A more efficient system would lead to lower prices for everyone but hey what do I know.

What's softy soft about wanting evictions to be decided by an independent 3rd party who is familiar with housing law? It seems very sensible to me as there could be legitimate reasons for arrears such as tenants withholding rent due to disrepair of the property providing the tenant had followed the correct procedure.

Some would argue that being able to evict a tenant for no reason whatsoever is overly harsh.

Using your logic I shouldn't have to take my landlord to court to claim my unprotected deposit and compensation for playing fast and loose with my money I should just be able to turn up at her house and demand the money. What if she can't/won't pay should I have the right to take the keys to her Mercedes?

Rent prices, like house prices, are driven by supply and demand not a few non-paying tenants. The market dictates the rent for the property not what a landlord would like to charge to try and recoup the money lost from having a non-paying tenant. If a landlord gets non-paying tenant after non-paying tenant Then s(he) really needs to re-think his/her referencing process. Any housing crisis is due to the decline in house building for decades whilst the population has been soaring. Furthermore, incomes have not kept apace with house prices and rents meaning there's a lack of affordable housing for those on low incomes. "Just move to a cheaper area," I hear you say but people need to live where the work is and those high earners need people to make their coffees, clean the streets, work in the theatres and so on.

You don't seem to like the way the law works but you don't seem to want to do anything about it.

dktreesea

Guest101 wrote: »

Right but this means a change in the law, so you need to go to your MP and speak to them. Ask them to draft a bill, get support in the house of commons.


OR ask the same MP to give more funding to the MOJ, to pay for more judges, more courts, more clerks.


The council are correct. A notice does not end a tenancy, and therefore they are not homeless. I don't agree with gatekeeping, but the law is clear on this.

Lol, this is Scotland, where the rights of the tenant are firmly enshrined way ahead of any landlord's rights! Our MP, and SNP MPs in general, are right behind the tenants rather than the landlords. A true socialist government up here. To give them their due though, they are building thousands of social homes in Scotland just now.


For instance, no such thing as not getting repairs done in a timely fashion in Scotland. There's a private rented housing panel you can complain to. They work quickly and the local government will take away the landlord's licence if they don't toe the line. Private landlords have to be registered in Scotland. Then there's the council themselves. Don't repair your house in a timely fashion? The council will repair it at great expense instead and attach their costs to your house as a charge against the security if you don't pay up.


As to getting the bailiffs/HCEOs around to evict your tenants, you had better make sure you have the council firmly onside (they may not be) because it could affect your registration as a landlord going forward.


In a word, it's brutal being a private landlord in Scotland.

dktreesea

Boler1985 wrote: »

No wonder there is a housing crisis in this country with people like you guys defending the softy soft approach and the indefensible; rents going through the roof (yes rents lead house prices like any other asset). Far far too easy to take advantage of the system these days. A more efficient system would lead to lower prices for everyone but hey what do I know.

Yes a more efficient system - the government needs to pull their finger out, release land to housing associations and build enough social housing to meet demand.


It has never been the case that everyone in Britain could aspire to owning their own home, not even when terrace houses in the North of England only cost £5,000 each. Thank goodness we are no longer having right to buy for social housing in Scotland. It's about time England followed Scotland's lead and started a massive building programme of social housing.