Sell your house fast....

payingfornowt

blue_monkey wrote: »

Hi again,

Just read your response and I wanted to give you 'word of warning' if I am honest. People on HB are unable to rent anywhere these days, if your tenant goes to the council they will tell them to stay put as I explained. Your tenant does NOT have to to tell you this but just refuses to leave, you can only MAKE them leave b he corts. I know it sounds stupid but please do not think that this might be over in 3 weeks - until your tenant has left and are sure they have gone.

From my own experience I would never BTL or even let my house now, I can see how the law is totally on the sire of the tenant and the tenant can refuse to pay and it can still take MONTHS to get them out and in all that time not pay the rent.

I am sorry to worry you but your GF needs to be prepared for this just in case. It could well be that your tenant has somewhere to go BUT the council will tell them to stay and not move out and there is nothing your GF can do. If she is not going to claim through the court for the backdated rent arrears and the tenant knows this then they will be entitled to a council housing and the council will tell them to stay. Can you see where this is going..... By writing off the rent you are giving your tenant the 'right' to be housed by the council if they do not have a job but the council will tell them to leave when a court evicts them. It's a hard call, she really needs to have a think about this and get some more advice. I am not sure if it is too late to serve section 8 which would mean she is applying to the courts to get the rent back. I so would not want to be in your girlfriends shoes right now. Sorry. I thought it best you understand just what the implications are in all of this.

She could by all means sell the house with the tenant in it but as the tenant owes 3k in rent I am sure it would not get a good enough price to cover the cost of the house as they are taking on someone they know is not going t pay. I take it the tenant has been paying the other bills such as electric and Council Tax, OK. Something else she might want to consider. Sorry (again).

Does not make for too nice reading but youre right the situation is a mess, I am not going to go down the I told you so route but the only argument my girlfriend and I ever had was when she bought that house.

Im not sure about the law around getting the tennant out. I was told there are 2 ways to do it, one is applying for eviction through the courts which is very costly. The other way was to wait for the tennancy agreement to end, are you saying that even though they has been served notice and the tennancy is up they can still refuse to leave?

I probably should not discuss this on here but if I can get the tennant and posessions outside the house then change the locks do they have any right to return at all?

We currently rent elsewhere which I am very happy about right now, I moved out of my parents to live with my GF, my only ever house move. We have not even been there a year. I really do not want to move into this house.

N79

Yes - that is exactly what BM is saying. You have served notice to quit. Morally, the tenant should leave on the expiry date. But they do not have to leave. Only a court can order the tenant to leave. The big problem is that most councils treat people who leave when served notice as intentionally homeless and therefore not eligible for social housing. Councils advise tenants to stay on until evicted by the courts.

Your GF should be ready to deal with the tenant not leaving. She will then need to file for possession in the courts. This will take 6-8 weeks. It could then take a further 3 months for the court to enforce hte eviction notice.

Under no circumstances throw the tenant out and change the locks. You will be on the wrong side of criminal as well as civil law. The tenant has the right to remain in the house until a court orders otherwise.

N79

neverdespairgirl

payingfornowt wrote: »

Im not sure about the law around getting the tennant out. I was told there are 2 ways to do it, one is applying for eviction through the courts which is very costly. The other way was to wait for the tennancy agreement to end, are you saying that even though they has been served notice and the tennancy is up they can still refuse to leave?

You can only get an eviction notice if either (1) the AST term has expired, and you have given a proper s.21 notice, and your girlfriend has protected the deposit properly, if it's a recent AST; or (2) the rent is unpaid for 2 months+ and you have served a s.98 notice.

payingfornowt wrote: »

I probably should not discuss this on here but if I can get the tennant and posessions outside the house then change the locks do they have any right to return at all?

Yes. They have a right of re-entry. They can sue you for aggravated trespass.

On the bright side, you won't need to worry about paying for accommodation if you do that. The nice boys in blue could well help you get a free cell in one of Her Majesty's establishments for committing a serious criminal offence....

Somerset

This thread is starting to feel like a train wreck.

No offence intended to OP and I hope things are easily resolved.

Lotus-eater

Everyone likes a good disaster, when its not happening to them.

I think the OP'rs girlfriend is extremely lucky she has him to help, advise and be the good one with the finances.
I just wonder about all the other amateur BTLers that don't have a clue either, but without the support of someone like the OP.

payingfornowt

Yes Somerset, and I am in the front carriage.

Thanks Lotus-Eater, I am going to do my best but can only give advice and its not as if I really know what I am doing.

Hey, Ill keep you's updated on the situation if you keep me updated with your advice!

Lotus-eater

You are a couple, her finances will impact on you as much as her in the long run. You must make this clear to her, you are a team and as a team, work together.

blue_monkey_2

Thanks N79, yes, all that has been said is true. Being in the same situation I do feel for landlords in all honesty because it is grim - especially if the tenant is not paying, but I guess all these shows on the TV have shown that property is the way to go and the way to invest your money.

the other side of the coin is that te BTL's have pushed prices up and up and then the FTB's cannot afford them. It is catch 22. It will be the people who have bought property to rent out, realise they cannot or are losing money (such as your gf) are going to be the losers when prices start to drop.

It is a grim situation, and I fear it is only the start.

Pease do keep us updated, I really hope things go well but sorry the news was not to good for her (both of you).

PS. I am still paying my rent so this is not the tactic we are using but the council won't house us while we have a rof - only the court can leave us homeless, leaving would make ourselves homeless.