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lanren77
lanren77 Posts: 34 Forumite
Seventh Anniversary 10 Posts Combo Breaker
edited 25 August 2020 at 10:30PM in House buying, renting & selling
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«1345

Comments

  • Go through the correct process for evicting someone
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    1. no it would not

    2. what ground do you plan to use for S8?

    3. no you cannot, you can follow due process through the courts
  • theartfullodger
    theartfullodger Posts: 15,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Serve s8 all valid grounds TODAY. Tenant might take hint.

    Yes, s8g10 maybe validly served if only 1p is underpaid only 1 day.

    Non-payment of rent is an expected risk for a landlord. You should be able to cope with the financial AND emotional stress of 7 months no rent in consequence of the tenant-from-hell (or agent ditto). If you can't this is not the role for you.
  • Marvel1
    Marvel1 Posts: 7,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lanren77 wrote: »
    yes that's what i am asking, what is the correct process?

    This is a worrying question, before becoming landlord you should know this before hand.

    Any way, read everything, guides by G_M: https://forums.moneysavingexpert.com/discussion/5180214
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    lanren77 wrote:
    Dont worry, I have read those, those "correct process" are only for law biding people.


    Illegal eviction is up to 6 months in Prison or Fine or both upon conviction at the Magistrate Court, Section 1 (4) (a) 1977 Protection from Eviction act.

    Up to 2 years in Prison or Fine or both upon conviction at the Crown Court, Section 1 (4) (b) 1977 Protection from Eviction act.

    https://www.legislation.gov.uk/ukpga/1977/43

    Tenant can sue for damages/harassment in the Civil Court for illegal eviction Section 27 1988 Housing act.

    https://www.legislation.gov.uk/ukpga/1988/50/section/27




    ....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • lanren77 wrote: »
    1. I will find a way
    2. not paying rent and breaching the tenancy
    3. the process and the law should be changed

    1.???
    2. So Section 8, court. Only a tenant or a court can end a tenancy
    3. If you think laws should be changed (should probably be easier/faster in situations like this for landlords to evict) write to your MP.

    Ignore the poster above who says they would break the law. Just because you think a law is wrong doesn’t give you the right to take the law into your own hands (see post above as to consequences of illegal eviction).

    If the tenant doesn’t leave it can take 6+ months to actually evict the tenant. It may end up being financially better for you (and less stressful) to pay the tenant to leave.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Why on earth do some people become landlords....
    You dont have a child then come on a forum and ask how to look after it..
  • Gers
    Gers Posts: 13,357 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lanren77 wrote: »
    Dont worry, I have read those, those "correct process" are only for law biding people.


    :rotfl: Yet you want to evict your tenant for breaking the law???
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP, why is it shocking that you received a letter from your property management company? Is that not what you pay them for?

    If you mean you are shocked your tenant is smoking weed, you are too easily shocked to be a landlord, imho. You'd better hope smoking it is all they are doing. You don't want to find farming activity in your loft, do you?
  • eddddy
    eddddy Posts: 18,211 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lanren77 wrote: »
    The tenant stopped paying rent from 2nd month and shut all communications from letting agent.

    If you have a letting agent, the easiest thing might be to instruct them to carry out the eviction process.

    As letting agents, they should be familiar with the legal process - and maybe have done it many times before.


    (Although, if they found your current tenant, and failed to reference them properly, it suggests that they may not be particularly good agents.)
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