Tenants eviction

Comms69

Sunita007 wrote: »

Our tenants have overstayed by 5 days and show no signs of leaving. They are being verbally abusive and threatening. We served them a Section 21 notice through our letting agency allowing them a 2 month notice period.
We need advice on the following clause in our tenancy contract- it’s the rent protection clause (as below) - they haven’t overstated at all

2.2.1 Rent Protection – In support of Gibbs Gillespie’s service for vetting prospective tenants’ financial and general credit worthiness, if it turns out that the Tenant falls into rent arrears for reasons outlined within the Rent Insurance policy provided by the affiliated insurer, Gibbs Gillespie provides rent protection and assures the payment of certain limited rent for the Landlord and will procure that this rent is paid to the account of the Landlord. Gibbs Gillespie’s commitment to the Landlord is that in the event that within 12 months of the start of the Tenancy being the date upon which the Tenancy Agreement is stated to commence and provided that the date is within 60 days of the effective date of the reference certificate, there is any default in payments of the Tenant’s referenced share of the monthly rent or part thereof, we will pay monthly the following, in arrears:
 Rent up to a maximum amount of £5,000, and which the Tenant is referenced for, per calendar month;
 Total rent up to a maximum of £20,000, or the equivalent of 12 month’s rent, or until vacant possession has been gained, whichever is earlier (after an excess deduction of one month’s rent);
 Up to a maximum of £25,000 for legal costs and expenses for the repossession of the Property and rent recovery.
Payments will be made subject to any outstanding charges due from the Landlord. In the event of payments being made under this warranty, all rights of the Landlord to receive such sums shall be, and by signing this Agreement authorised to be, subrogated to Gibbs Gillespie in order to effect recovery of sums paid (in the name of the Landlord if necessary or expedient). Recovery of rents paid out shall be at the discretion of Gibbs Gillespie. Where a deposit has been taken on Rent Protection instructions and the Tenant has fallen into rent arrears during the Tenancy, the Landlord must provide properly receipted invoices/receipts to show actual expenditure in respect of damage or losses due to breach of the Tenancy Agreement. The sum of the acceptable
Does this mean that the letting agency or its underwriter will be liable to bear our legal costs/ rent arrears. The estate agency has become a bit cagey with us and we are trying to determine what our rights are as landlords. This is our primary and only property and we are currently renting and our rental contract runs out at the end of the month.

Please do advise accordingly. It really does seem like an impossible situation.

What advice do you need?

Comms69

Sunita007 wrote: »

Unfortunately the property in question is our home and only property.,it was meant to be a short let for a year. We are in rented accommodation about 10 miles away and our tenancy is coming to an end by the end of the month. I might have to request the landlord to extend our tenancy by two months. I dread to think that it can be longer than that.

It’s 6-9 months on avg.

Probably should e done your homework before becoming a landlord

Comms69

Sunita007 wrote: »

We have given notice to vacate our current rented property and there’s 3 weeks left of our notice period. But our landlady will be happy to extend I’m sure.

You are liable for double rent now.

45002

Sunita0071 wrote:

But we want our property back,,we need to move back in.,,they can’t just stay on indefinitely.
We have already issued an end if tenancy notice to them( Section 21) and they have breached the contract by not vacating the property.

Then you have to go to court and obtain a possession order, even then if the tenant does not leave by date order too by the court.


Your then have to apply for a warrant and bailiffs in the end to remove the tenants.


All this is subject to your s21 or s8 been issued correctly and deposit been protected ?




......

G_M

Comms69 wrote: »

You are liable for double rent now.

Well....no.

Liable for double rent in 3 wweks when the notice expires and assuming the tenant does not leave as per their notice.

And assuming the landlord and tenant do not come to some arrangement.

But you are right to raise the possibility....

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) explanation

Comms69

Sunita007 wrote: »

But we want our property back,,we need to move back in.,,they can’t just stay on indefinitely.
We have already issued an end if tenancy notice to them( Section 21) and they have breached the contract by not vacating the property.

No they haven’t. Stop typing and start researching.

Your s.21 literally just says ‘I might go to court in two months’ that’s it.

GDB2222

Sunita, I wanted to give you some positive advice about what I would do in your position.

1. Contact your own landlord now, and agree that you may need to stay on a bit longer. She may be happy for you to stay on as long as you give her say a month's notice before leaving.

2. As the tenants have been rude to you, ask the agents to contact them to find out what their plans are and what it would take to get them to move out.

3. At the same time, I would look around for some solicitors to act for you. It takes time to get signed up and deal with the money laundering paperwork, so I'd get on with that, as long as it's not committing you to pay fees until the solicitors start work in earnest.

4. I would also enquire with Gibbs Gillespie whether their rental guarantee scheme applies. My reading of the wording is that it doesn't, as the scheme only covers the first twelve months of the tenancy, but I could easily be wrong.

anselld

Sunita007 wrote: »

It’s not an HMO property, they are friends and co workers apparently. I don’t know if the rent guarantee will offer protection after the tenancy contract has lapsed( which is the case)

Three tenants who are not related, therefore it *is* an HMO.
Whether or not it should be licensed is another matter and depends what schemes the Local Authority have in play. (Additional or selective Licensing)

Worth checking just in case the Ts decide to play the "unlicensed HMO" card.

Cakeguts

Sunita007 wrote: »

It’s not an HMO property, they are friends and co workers apparently. I don’t know if the rent guarantee will offer protection after the tenancy contract has lapsed( which is the case)

The tenancy contract hasn't lapsed. The tenancy continues until you bring it to an end by going to court and getting possession.

theartfullodger

The ignorancy of some landlords matches the ignorance and stupidity of this landlord when I started: I made expensive, stupid, painful, long-drawn out mistakes.



Then realised my ignorance, resolved to get educated, still learning, still making mistakes...


Sigh!