What are my rights as a land lord ? Friend advised but not sure if to go ahead.

LizzieandThomas

Ok dont what the right and wrongs of it all. And will try and keep it straight forward.

This is the 1 st time i have had problems with a tennt, there in arrears and i served them notice BUT they have still not made any effort to pay anything. Have an inspection arr
arranged for the end of the week and a friend (also a landlord of many props) has told me if he doesnt pay me to refuse to leave and say im evicting him and give him some time to clear his stuff and then change the locks.

She told me letting agents with advise to take the court procedure but it is a very lengthy process and to do this - she tells me it is not a criminal offence its a civil matter and the police have not been bothered when she has done this in the past.

Im not looking for "the poor tentants or lots of remarks about btl being no good " im just looking to do the best thing to protect myself and my property .

So can i do this what will the comeback be on me ? Its not something i would want to do but he cant stay there forever and is showing no signs of making any effort to pay , apologise or move.

subjecttocontract

Don't do it.
Follow the legal process or the judge will wipe the floor with you.

The legal system has no time for landlords who make their own rules. Breaking the law to suit yourself does not make it right and is very likely to cost you far more than following due process.

Trollfever

Sounds like an illegal eviction to me.

LizzieandThomas

Thanks for the replies - am concerned hence why asking on here . Any other input also welcomed.

paintpot

Don't do it. Illegal eviction is a criminal offence. Go through the correct process of serving the relevant notices and following them up with an appliction to the courts.

Illegal Eviction and Harassment are Criminal Offences and the maximum penalty in a Crown Court is an unlimited fine and two years’ imprisonment.

PasturesNew

If I understand it correctly, the tenant has not paid you, you have given them notice to leave.

1] Did you give them correct notice to leave?

You are going for an inspection and right there and then if they don't have your money you want them to get out right then and there while you stand and wait for them to pack?

2] This is highly illegal and the tenant can immediately call the police and have you arrested for harrassment.

There is a clear cut legal process to get a non-paying tenant out of property. You must adhere to that legal process no matter how long it takes or what it costs you.

There are no shortcuts.

If you do what it sounds like you are trying to do you are entirely the one in the wrong and the News of the World will splash your face all over Sunday's papers. Your family will be stoned in the street. You will forever be held up for society to spit on as an unworthy human being.

P.S. Your friend is wrong. Get new friends immediately.

paintpot

And, to clarify, if you go to do the inspection and the tenant does not want you to enter then you can't. You also need to have informed the tenant in writing that an inspection is taking place giving them notice (usually 24-48 hours check your agreement) and it must be conducted at a "reasonable time". However they have every right to refuse and there is nothing you can do (unless there is a real emergency occurring). If you enter against their wishes that constitutes harassment.

LizzieandThomas

I will speak to rental agents in full and take there advice. they have served relevant notices etc.

My friend HAS done this - think this may be why she thinks its fine, dont like the sound of it or dont think i would have the nerve to do it !

My renatl agent have wrote to tenant and said they will be going on xxx date at xxx time and if he doesnt turn up this time they will let themsleves in to check on the property.

Thanks for all your advice,

LizzieandThomas

I do feel really annoyed as i have gone out of my way to help these tenant - and i do feel for them. I have always been more then fair with them its just a shame its comng to this really - dont care so much about the money but just want them to leave x

paintpot

LizzieandThomas wrote: »

I do feel really annoyed as i have gone out of my way to help these tenant - and i do feel for them. I have always been more then fair with them its just a shame its comng to this really - dont care so much about the money but just want them to leave x

At the end of the day, BTL is a business so keep it that way. I know you are using an agent but don't assume that everything they are doing is correct, I've heard of many aggrieved landlord when the agent has messed up the notices. Make sure you know exactly what they are doing and when. Ask them for copies of the notices they have served and if in doubt post back and ask questions. If the dates are wrong on the notices or even the wrong notice has been served, you could find yourself back at square one in a couple of months time.

LizzieandThomas

Thanks will try and keep a closer eye on things. I have learnt a lesson this time for sure - oh well , will just make sure i learn from my mistakes ! Never befriend your tenant !

Thanks everyone - fingers crossed they go quietly ! x