Tenant wont leave!!

Guest101

stator wrote: »

Morality comes into everything. If you live your life without care for morality you are inherently immoral.

Sometimes morals need to be put to one side in business decisions.

qwert_yuiop

Guest101 wrote: »

Sometimes morals need to be put to one side in business decisions.

"These are my principles. If you don't like them, I have some others."

stator

Guest101 wrote: »

Sometimes morals need to be put to one side in business decisions.

Says all the worst people ever.

Why did you dump cancer causing chemicals into the river?

Guest101 wrote: »

Sometimes morals need to be put to one side in business decisions.

Why didn't you make the factory earthquake resistant?

Guest101 wrote: »

Sometimes morals need to be put to one side in business decisions.

Why do you employ children for 1p per day?

Guest101 wrote: »

Sometimes morals need to be put to one side in business decisions.

Dipak

silvercar wrote: »

I can't see anywhere that OP says there is a rent problem.

Rent is paid up to date, had that checked before i started court proceeding.

Dipak

Boatdweller wrote: »

Even if they hadn't signed the agreement moving into a property and paying rent shows you accept the terms. A tenancy agreement can be verbal it doesn't need to be in writing.

Has your agent told you the process and what will happen?

Yes, so the court papers have been served and i believe the tenant will have 14 days to put a defence in. After that the judge will make their decision

Dipak

csgohan4 wrote: »

To those who read this forum, it's not all easy being a landlord and the pitfalls once can come across.


The op likely has had no rent since March 2016 at least and it's now August

Actually i consider myself lucky as there are no rent arrears

Guest101

stator wrote: »

Says all the worst people ever.

Why did you dump cancer causing chemicals into the river?


Why didn't you make the factory earthquake resistant?


Why do you employ children for 1p per day?

There are laws which prevent all of those things.


Not the same thing as legally evicting someone.

Dipak

Hi All,

Just wanted to say a massive thank you to you all that replied and its great that MSE have a forum like this which really helps put things into perspective.

I believe i replied to the questions raised in this post, if i havent apologies as i was trying to filter out the 'noise' from the genuine replies.

Hope this post helps other LL's who find themselves in a tricky situation.

Thanks again for all your replies!! :beer::beer::beer:

dktreesea

If they don't leave then you may need to go to the High Court to evict then. This can be an expensive process, and I would suggest, if you are owed any rent you attach that to the proceedings so at least then you can take their assets to cover the short fall. Make sure you attach all your court costs to the proceedings, both the county court and the high court costs plus your solicitor's costs. So you get a warrant of possession (I think that is what it is called in England) and then, assuming your costs will be over a certain amount (used to be £600, not sure what it is now) you transfer the warrant from the county court to the high court. They will then send around their enforcement agents (as opposed to the county court bailiffs, who take forever to get anything done because they are government employees so have long queues ahead of you, probably) to enforce the warrant.


The upside? Once those bailiffs arrive the tenants have to pay up what your costs are (or have their assets seized, usually their cars) and they have to get out straight away. The tenants then become homeless and can get the council to rehouse them. Possibly the whole point of this exercise from their point of view.


The downside? It costs money and if the tenants don't have any assets worth seizing, you end up with those costs. But you do get your property back.

thesaint

I don't see why the OP may need to go to the High Court.

If the tenants believe that it isn't their signature, then the County Court will call a hearing to try and establish what has happened.
I can't see a judge buying their excuse(based on what the OP has stated), so will order possession back to the landlord.