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245

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    lanren77 wrote: »
    The tenant stopped paying rent from 2nd month
    How long ago was that? How big is the debt now?
    Shockingly, I received a letter from the property management company of the flat saying the tenant has been smoking illegal substance on many occasions.
    Ooooookay.
    so my questions are:

    1. if the tenant has made false representation in the credit/ reference check, would it make the whole tenancy agreement void?
    If. And if he hasn't?
    No, btw.
    3. I want to evict the tenant immediately, can i just evict the tenant based on the contract is void if the point 1 is valid?
    No, because it isn't. And, even if it was, no.
    4. I havent bought the landlord insurance yet. I just learnt that if the insurance starts after the tenancy agreement, no claim can be made during the first 3 month of the tenancy term. Is this always the case?
    You want to buy after-the-event insurance...? To cover against something that's already happened?
    The reason for evicting the tenant immediately if I have left some valuable items in the flat (TV, bed, wardrobes, dining chair, tables, etc, I even bought a brand new chair), I fear the tenant would maliciously damage or make a mess.
    And if they already have? Why would you leave "valuable items" in a let property, unless they're on the inventory?
    Any advice or experience will be much appreciated!!
    Sell the property, you aren't cut out for this business.
  • elsien
    elsien Posts: 36,550 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BrownTrout wrote: »
    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..

    You've not been on the marriage and relationships board yet then?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    elsien wrote: »
    You've not been on the marriage and relationships board yet then?
    ...mumsnet...
  • ACG
    ACG Posts: 24,722 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If you have a letting agent, you are paying them to help you with this.

    Can you go in and kick them out today? Legally, no.

    I think you probably need to accept all of your property in the flat is going to be damaged or taken when he moves out and you wont bother to chase him because by the end of it you will be glad he has gone and you will realise it is not worth chasing him as you will never see the money or if you do it will be £1 a month.

    I say this far too often - being a landlord is a business. It is not a way to earn money from your old home. You are very likely to get tenants who treat the property far worse than you would because it is not theirs and they know the chances of any repercussions is pretty slim - I say that as someone who has been a landlord and had good and bad tenants, I would never do it again.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    lanren77 wrote: »
    Hi guys,

    The tenant stopped paying rent from 2nd month and shut all communications from letting agent. Shockingly, I received a letter from the property management company of the flat saying the tenant has been smoking illegal substance on many occasions.

    so my questions are:

    1. if the tenant has made false representation in the credit/ reference check, would it make the whole tenancy agreement void? - no.

    2. can anyone share experience of serving tenant section 8 notice? when to serve? how long would it take to evict the tenant? and the cost? - serve straight away, takes around 3-4 months and costs around £300

    3. I want to evict the tenant immediately, can i just evict the tenant based on the contract is void if the point 1 is valid? - no. (unless you want to end up in court, both civil and criminal, and lose the best part of £10k)

    4. I havent bought the landlord insurance yet. I just learnt that if the insurance starts after the tenancy agreement, no claim can be made during the first 3 month of the tenancy term. Is this always the case? - if you're lucky. some may refuse to pay out on any existing tenancy

    The reason for evicting the tenant immediately if I have left some valuable items in the flat (TV, bed, wardrobes, dining chair, tables, etc, I even bought a brand new chair), I fear the tenant would maliciously damage or make a mess. - probably

    Any advice or experience will be much appreciated!!

    sell the property and stop being a landlord :)
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    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



    I'd love to have a landlord like this, it's easy money in the civil courts and they have an asset to secure the debt against...
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lanren77 wrote: »
    3. the process and the law should be changed
    You don't appear know what the process is or what the law is, so I don't see how you can have an opinion on whether it needs to be changed or not !

    What you should do ASAP is get some professional help. Get a s8 notice served so that you can start the eviction process going ASAP.
    Many people in your situation would just have them removed and worry about the possible repercussions later.

    There aren't many people that are stupid enough to evict tenants by getting heavies in. That would be an unlawful eviction which carries a prison sentence of up to 2 years.
  • gomer
    gomer Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ultimately you are running a business. There's always risk involved in business. I don't think it's right that people shoplift but that's a risk retailers take.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You don't appear know what the process is or what the law is, so I don't see how you can have an opinion on whether it needs to be changed or not !

    What you should do ASAP is get some professional help. Get a s8 notice served so that you can start the eviction process going ASAP.



    There aren't many people that are stupid enough to evict tenants by getting heavies in. That would be an unlawful eviction which carries a prison sentence of up to 2 years.

    ... Which, imho, should be nearer 20 years but oh, wait! I'm not an MP so I don't get a say.

    AFAIK, condoning illegal acts is against forum rules... Now that I could do something about but I cba.
  • lanren77 wrote: »
    Dont worry, I have read those, those "correct process" are only for law biding people.


    Obvious troll is obvious.
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