Tenant wont leave!!

Guest101

Boler1985 wrote: »

It's not uncommon for LLs to lose over 10k in lost rent waiting for bad tenants to be evicted. I'm not proposing that people take the law into their own hands but I suspect the chances of being charged for 'problems with the electricity supply' and 'random vandalism of the front door' are very remote. Just saying.

That's one of the risks of having someone paying off your mortgage.


You don't get charged with either of those things, you get charged under the Protection from Eviction Act

Guest101

Pennysmakepounds wrote: »

To be honest some tenants just need some personalised love and attention from a few classy people from their OWN CLASS and standing, can work wonders in motivating them to do as they are told. :rotfl:
- I'd love to rent one of your im sure numerous properties...

If i was 6 foot 5 and built like a brick sh*t house i may be tempted...lol - I'm sure the police have arrested bigger people.

LL of that calibre do exist, i've heard of a few stories of assisted house moves. - I've heard plenty of LLs losing their properties to pay off the civil claim.

The truth is that it's the LL that has to follow procedure to evict the tenants, go to courts file papers, pay fees etc etc.

If you do 'Assist' BAD tenants to move out, they have to go though the whole court process and you can sit and wait for the snail legal system to move.

The council will take you to court first, you get a criminal conviction. The tenant then simply applies to the county court with no need for any proof of your actions (the councils done that already).

Guest101

Pennysmakepounds wrote: »

So in your opinion 5/6 months for the process to evict a NON-PAYING tenant, who is trashing your property is quick.

I'd love to live on the same planet as you.:cool:

It doesn't take 5/6 months if you use s.8

FBaby

Where do landlords find these non-paying tenants who go around trashing properties? Have they always been model tenants beforehand which is why they have such glowing references from previous landlords? Then for some reason wake up one day and decide to stop paying rent and trash their home?

Yes, that's exactly what happened to us. Met the tenants, looked very proper, eloquent, pleasant, both self-employed but with secure jobs (or so they and the LA said), known to the community etc... The problem is that what they didn't tell us is that their income was mainly made up of tax credits, so when the eldest of three, and then the second the next year left college, tax credits went and suddenly, their income dropped significantly. Unbeknown to us, they started to claim HB, but they struggled to adjust to the cushy life they had (nice convertible car), and still couldn't make ends meet. Before we knew it, they stopped paying the rent (but still received HB as we discovered later).

We were very fortunate that in the end, they left before having to go through eviction, albeit 3 months before the end of their fixed term. Did they leave with the house looking as when we moved in...yeah right, the garden was a complete state, doors broken, they had install cables in upstairs room, running them through the gutters and leaving massive holes in the walls, left heavy furniture, the cooker, which was new good to the bin...

Being a landlord is running a business. That means accepting that you have to deal with the crap that comes with it, however, it also means a choice of taking the least risk adverse decisions, and that means picking tenants who are least likely to not pay rent and need to be taken to court to be evicted.

theartfullodger

Pixie5740 wrote: »

If you go down the Section 8 route then it shouldn't take 5/6 months....

"Shouldn't" - yes... - but it usually does take that sort of timescale (albeit quite a few tenants leave on expiry of s8...) . For good or ill it is much easier for tenant to defend an s8 (e.g. disrepair..) or get the case adjourned than for an s21.. So what do landlords do? Let tenancies become periodic & evict using s21...). So council may rehouse in council or HA property, or, since Localism Act, in a min 12 month private tenancy as an apparently "good" tenant...

.....Where do landlords find these non-paying tenants who go around trashing properties? Have they always been model tenants beforehand which is why they have such glowing references from previous landlords? Then for some reason wake up one day and decide to stop paying rent and trash their home?

- ah, very interesting point...

Because most landords evict using the s21 "no fault" route the evicted tenant appears not to be "intentionally homeless" - even if there are significant rent arrears: Unless landlord bothers to contact contact council housing dept & give them a copy of the s8g8/10/11 notices also.....

And if landlord fails to pursue tenant through courts for rent owing &/or fails to get judgment then tenant has no CCJ. And many stupid landlords fail to credit check prospective tenants and don't spot those with CCJs (or Scottish Decrees in your neck-of-woods Pixie..) so the tenant appears great..

And the other sad phenomenon is that of the tenant (trashed place or owes rent), in receipt of s21 and/or s8 for arrears, case proceedings, finds somewhere to move to, asks current landlord for reference: Current landlord is desperate to get then out.. and rather too now wicked & evil landlords then do the selfish, not-helping-the-community thing of providing a glowing reference to tenant departs... (Which is why the wise landlord gets another reference from the previous landlord, more likely to be honest..)

The world is not perfect: Sadly some landlords are venal, stupid or kn*bh**ds... ditto sadly some tenants: ditto sadly some agents: ditto some MPs... I could go on....

Slàinte mhath!

PS My best ever tenants had pretty much no credit or other record in UK: They were being charged a fortune for a sub-standard single room, more than 65% of what I was to be charging for a 2/3 bed house with views of lochs and munros... My neighbour gave me a reference for them: "Artful, they very nice people". I backed my hunch, signed them up, turned out OK, lovely couple and charming bonkers cat has now joined them.

deFoix

Guest101 wrote: »

“ I've been a tenant most of my working life and never been a landlord.

I believe the 'theft' analogy mentioned a few posts up is accurate. The eviction process for tenants who don't pay what they owe should be quicker and more efficient. -The eviction process for tenants who don't pay, is quicker and more efficient. The reasons:

1. It pushes up costs/deposits etc for 'good' tenants. - In what way?
Because LL will/do demand more deposit/rent to cover additional risks.

2. Reduces stock of private rented accommodation (my parents gave up renting out their 2nd home after dealing with dodgy tenants). - So they've kept the property empty since then?
No, they sold it.

3. Increases likelihood of LLs taking things into their own hands. - Really? Why go though the courts when you can just cut the services or take the front door off its hinges. - Prison, hefty fine and even larger civil law suit?
Very unlikely if done with an ounce of guile.

4. Allows councils and ultimately government to be let off the hook for keeping those in genuine need off the streets. - In what way? The tenants have a valid tenancy.
Because it allows councils to use private LL accommodation as a buffer for those tenants that done pay and cannot be quickly evicted.

Sorry but if tenants don't pay your rent then the LL should be able to legally evict within a few weeks not months. Like a said before when I rented I wouldn't expect to be treated any differently.

Guest101

Boler1985 wrote: »

Sorry but if tenants don't pay your rent then the LL should be able to legally evict within a few weeks not months. Like a said before when I rented I wouldn't expect to be treated any differently.

1: do you really think it's worth the risk of prison?
2: do you really think you'll outsmart them?
3: they sold it, so it could still be rented out
4: not a buffer, though I agree in principal with you, LLs need to accept the property belongs to the tenants for the duration

divadee

Pennysmakepounds wrote: »

What a load of cats P*ss.

You have to love the way tenants play the innocent hard done by people.

A section 21 is 2 months, and a LL would only issue that is a tenant refuses to move.

If the rent is paid and there are no issues the LL will normally be very accommodating and allow as much time as ia required (within reason) to the tenant to move.

Also, if you were able to pay the rent on-time and in full then there is no way in hell you could not find accommodation in 2 months.

There are always properties available.

What a load of Betty swollocks.

My landlord gave us notice in July. Been here 2.5 years. Always paid rent on time. Every inspection by very strict letting agents have been passed and they come every 3 months. The landlord here is selling his property. We didn't know until the section 21 came through. We did ask if we could stay on past the leave date as we decided to purchase somewhere and the landlord and letting agents were a bit hesitant. So being a good reliable tenant, pay all bills on time etc.... Means diddly squat.

theartfullodger

You don't have to leave when s21 expires. LL needs to go to court

deFoix

divadee wrote: »

What a load of Betty swollocks.

My landlord gave us notice in July. Been here 2.5 years. Always paid rent on time. Every inspection by very strict letting agents have been passed and they come every 3 months. The landlord here is selling his property. We didn't know until the section 21 came through. We did ask if we could stay on past the leave date as we decided to purchase somewhere and the landlord and letting agents were a bit hesitant. So being a good reliable tenant, pay all bills on time etc.... Means diddly squat.

Seriously what are you moaning about? Your sense of entitlement is breathtaking. Ok in a perfect world your LL might give you a bit more of a heads-up but at the end of the day you have a contract with agreed terms and the LL is entitled to enforce his end of the bargain, end of story.

I've never been a LL myself but I have been a tenant for most of my working life. I always knew in the back of my mind that the LL could give me notice at any time. This is part and parcel of renting. I knew this when I signed every contract. I don't see any reasonable reason why any other tenant shouldn't see it the same way. Yes it's a pain in the a$$ having to move every few years but so are a lot of other things in life.