Should I Evict?

Glaceau

A few years ago, I took friend of a friend off the streets and put them in my rental property [I know....]

All relationships involved have broken down, the tenant is a huge problem now and the original friend is out of the picture. 

The tenant never really looked after the property and over the last ~2years it's gotten way worse. Long story short the property is basically trashed and the tenant is facing multiple noise complaints and environmental complaints [trash everywhere]. 


Again, the tenant won't even let me in the property and gets aggressive when challenged or questioned. 

I hope I don't come across as a slumlord, I gave this person a great property at below market rents (council pay but I would have gotten much more private). 

Anyway...

Tenant finally agreed that they will move-out in return for some money.. unfortunately every date we have set for the move-out has been delayed for one reason or another. 

At first, the delays were because he hadn't had time to move his stuff out. Then he said he has a house secured which mysteriously falls through last minute. 

Truthfully, I think the tenant has gave up looking for a new home.
Nowhere would take him anyway - no references [I can't give him one after what's happened], visibly suffering from behaviour disorders (sorry I don't want to offend anyone) and no job, bad credit. 


I know that if he leaves the property without an eviction, the council won't help him as he will be voluntarily homeless. 

If I wait for the tenant to find another property, that could take forever and like I said I doubt he's even looking. 

Typing this out, it's pretty obvious I need to go for an eviction, sucks, I don't want to make anyone homeless but at least the council will have some duty to provide accommodation. 

Right choice?

teachfast

I'm amazed you haven't already done it. Be aware: it can take ages.

Glaceau

teachfast said:

I'm amazed you haven't already done it. Be aware: it can take ages.

Covid & tenant refusing entry & tenant agreeing to moveout but then not leaving is the main reason. 

I've been through an eviction before so I understand it takes months and costs a fair bit too. Hope the courts aren't backlogged too. Eek. 

Thanks

tacpot12

Yes, I think it is the right choice, and it may even benefit the tenant in the long term.  

deannagone

Reports are that the tenants are backlogged, so the quicker you get the process started the better.  Beware that gas safety check, deposit protection (if any deposit) all has to be done for S21 to go through.  If the tenant comes under S8 grounds though, it might be easier.

Greymug

It depends on what the OP has got in writing from the tenant. If he has nothing, then I'd go the legal way; if he has a signed agreement stating the tenant would leave the property on *date in the past* then I'd choose the large friends option, change the locks and go on with my life.

theartfullodger

Never rent to friends and family.  Of course you should evict, and no reference or only a full, honest one.  And make sure council housing dept know what sort of person they are. Any decent landlord (housing association, council, private, etc.. ) should not take this on without full facts.

grumiofoundation

Greymug said:

It depends on what the OP has got in writing from the tenant. If he has nothing, then I'd go the legal way; if he has a signed agreement stating the tenant would leave the property on *date in the past* then I'd choose the large friends option, change the locks and go on with my life.

I don't see that signed agreement then necessarily allows 'large friends' option. 
If tenant gives notice but don't leave rental property landlord still has to go to court to get order. So whats the difference in this case?

Personally, even if I was confident in my position, I wouldn't be risking (or recommending, even on an internet forum) the consequences from an illegal eviction. 

But I'm one of those fuddy-duddies who refers to avoid a criminal record and the potential for large fines.