Evicting a Troublesome Tenant

G_M

Both the solicitor, and the eviction company, will tell you to serve a valid S21, and a S8.

Not sure what benefit there s in paying for that knowledge.

I guess they will draw up the notices for you, which will involve them asking you all the relevant questions (did you take a deposit? is it registered? did you provide an EPC? What date did......? etc) so that they get it right.

Using the 21 validity checker I supplied, you could do the same yourself!

But up to you.

Joining a landlords association is anotheer way to go.

stinky_docker

Happy to say the tenant has gone after a long battle basically due to my mother not operating the property correctly, thanks to all the advice, she's been told now exactly the mentality and approach to take with future tenancy

Regards
Andy

deFoix

Does anyone have any info on the PROBABLE outcome of an illegal eviction? Even if the tennent takes action what punishments are actually handed out by the authorities?

Given how feeble our criminal justice system is in other areas if I was a landlord in this position I!!!8217;d be tempted to try it.

Pixie5740

Boler1985 wrote: »

Does anyone have any info on the PROBABLE outcome of an illegal eviction? Even if the tennent takes action what punishments are actually handed out by the authorities?

Given how feeble our criminal justice system is in other areas if I was a landlord in this position I!!!8217;d be tempted to try it.

This landlord in Peterborough was given a 12 month conditional discharge and ordered to pay costs and victim surcharge totalling £145 fine.

https://www.peterboroughtoday.co.uk/news/crime/peterborough-landlord-illegally-evicted-tenant-1-8259544

A landlord in Oxford was found guilty of unlawfully evicting the tenant and a campaign of harassment against the tenant for which he was fined £180 and £1,000 respectively.

https://www.legalforlandlords.co.uk/another-landlord-convicted-for-unlawful-tenant-eviction/

Showing that whilst illegal the consequences don't appear to be that bad. I shall caveat this by saying that in no way should a landlord take this as any kind of advice to illegally evict a tenant no matter how much of a knob said tenant might be. I will not be held responsible for the punishment (or lack of it) should you (as a landlord) be caught doing it.

AdrianC

stinky_docker wrote: »

Happy to say the tenant has gone after a long battle basically due to my mother not operating the property correctly, thanks to all the advice, she's been told now exactly the mentality and approach to take with future tenancy

This wasn't a sufficient clue for her that entering the residential lettings business is probably not wise for somebody at her time of life?

Clue: She has not retired. She is in business NOW.

If she does not wish to cope with the realities of the business she is trading in, it might be wise for her to find a better way to invest this portion of her assets. I presume she does have substantial investments in far more liquid assets than this one property? What proportion of her total portfolio is this?

Pixie5740

stinky_docker wrote: »

Happy to say the tenant has gone after a long battle basically due to my mother not operating the property correctly, thanks to all the advice, she's been told now exactly the mentality and approach to take with future tenancy

Regards
Andy

If your mum has got her game face on and is determined to make a go at being a landlord she might find the following landlord blog helpful. I should warn you that some of the language can be a bit salty.

http://www.propertyinvestmentproject.co.uk

G_M

stinky_docker wrote: »

Happy to say the tenant has gone after a long battle basically due to my mother not operating the property correctly,....
Andy

Be interested to know how/why?

* mum bribed tenant tto leave?
* tenant took pity on mum?
* S8 was used and tenant left after court decision? Or bailiffs?
* S21 was used and tenant left after court decision? Or bailiffs?
* your mates down the pub went round witth baseball bats?
* tenant took up council offer of re-housing?

or what?

theartfullodger

Pixie5740 wrote: »

This landlord in Peterborough was given a 12 month conditional discharge and ordered to pay costs and victim surcharge totalling £145 fine.

https://www.peterboroughtoday.co.uk/news/crime/peterborough-landlord-illegally-evicted-tenant-1-8259544

A landlord in Oxford was found guilty of unlawfully evicting the tenant and a campaign of harassment against the tenant for which he was fined £180 and £1,000 respectively.

https://www.legalforlandlords.co.uk/another-landlord-convicted-for-unlawful-tenant-eviction/

Showing that whilst illegal the consequences don't appear to be that bad. I shall caveat this by saying that in no way should a landlord take this as any kind of advice to illegally evict a tenant no matter how much of a knob said tenant might be. I will not be held responsible for the punishment (or lack of it) should you (as a landlord) be caught doing it.

Landlords can & have been jailed for both illegal eviction & harassment, both criminal offences. Sadly not often enough IMHO.

e.g.
R v Brennan and Brennan, 1979
Immediate custodial sentence for threats to evict tenants correct in principle

R v Khan (Jahinger) 2001
15 months’ imprisonment for landlord of previous good character upheld

ognum

theartfullodger wrote: »

Landlords can & have been jailed for both illegal eviction & harassment, both criminal offences. Sadly not often enough IMHO.

e.g.
R v Brennan and Brennan, 1979
Immediate custodial sentence for threats to evict tenants correct in principle

R v Khan (Jahinger) 2001
15 months’ imprisonment for landlord of previous good character upheld

Sadly savvy tenants use the harassment issue when there is none.

I have only ever had one problem tenant who claimed harassment when we were in court. The court then asked her to make a legal claim, she failed to file any paperwork to the court, I filed mine.

I had never spoken to the tenant, had replied to one email and had never met her! My agents filed all their emails. Judgement went against the tenant and it cost her a lot of money!