Help with problem tenant who wont leave

saviola_2

Hello

Basically I have a house that I rent out and a young courting couple moved in. The lads Dad's was known by someone in the family so we let them move in. We agreed the Dad would be the person who I dealt with/who contacted me if anything needed sorting out.

The top and bottom of it is they couldn't get on and split, so the Dad phoned and said they would both move out in 4 weeks time.

4 weeks later on, the lad moved out as agreed and the girl has stalled for 3 weeks since then and now I can't contact her via phone but she's still in the house and it seems she's after staying. She can't stay as I have another tenant lined up. At this point I will add I have had no money at all in rent in the last 3 weeks.

I have now seen her twice and she's stalling further - she keeps saying she'll be out in a few days. Word is she is claiming it's her 'right' to stay there etc.

I have been told I can't force her out or change the locks etc and I'm wondering what I actually can do to get her out?

I gave them both tenancy agreements when they moved in, but accepted a verbal notice from the appointee over the telephone.

Have I not got a lot I can do here? I really can't afford to pay two mortgages without any rental income

I feel terrible, I feel sick about the whole situation

Any ideas on how I should approach the whole situation would be greatly received

SquatNow

Were they given seperate contracts for 50% each or was it a joint tennancy? I assume it was a joint tennancy in which case they are both indivually and wholy liable for the rent.

Get you family member to have a word with the lads dad and point this out.

Explain you're being reasonable and have even got another tennant lined up, but they didn't give notice in writing, and even then it would start from the next rent day. Then on top of that they've invalidated it by not moving out.

Offer to waive the outstanding rent if they are out by sunday as you have someone waiting to move in... after all, 3 weeks missed rent is a pittance compared to court hassles etc. If they fight you you will be upto 6 months without rent.

In the meantime serve them notice for non-payment of rent and immediately apply to the local court for eviction, plus rent owed... with and offer to drop the whole issue is they get out immediately.

PasturesNew

If you want her out, it could take you ages. Assuming paperwork is in order, it depends what agreement they have. If it were, say, a 6-month Assured Shorthold Tenancy then she has the right to stay to the end date. AND you would have to give her a full 2 months' notice from a rent date by issuing her with a Section 21 in writing.

In any case, you'd still have to do that, even if it were just a periodic tenancy.

If you did that and on the last day she still refused to move out. You then have to do the whole legal court thing. Could be another couple of months.

Best way is to try to bribe her out.

When did they move in? Is their deposit in the proper Tenancy Deposit Scheme?

If she learns her rights and wants to be an 4rse you could be in for a long expensive wait. If she doesn't know her rights and is tempted by cash, you might have a quick and clean resolution.

jaype

If she's not paying rent then gently explain that you will shortly be going to court to demand all the backdated rent for the flat (and it will be her issue to try and get half off her ex). However, you'll drop it as long as she shifts asap. That should do it. Remind her that if you get a CCJ you can also apply to have her bank accounts frozen, also.

saviola_2

Thanks for the info so far everyone - but it gets worse...

Just heard she has taken in a lodger and is charging her rent and i'm not receiving a penny...and it's my house

Can't believe this is happening to me, I really can't afford to even miss one more weeks rent

amcluesent

This women as seen her chance, she'll know her rights and likely have CCJs and poss. a criminal record.

You're going to have to go through all the hurdles of eviction.

Best do it now before she or the "tenant" get themselves pregrant.

Gorgeous_George

She needs to be 2 months behind with the rent before you can issue an eviction notice (Section 8). A Section 21 can be used if the fixed term (usually 6 months) has been completed. Then you need to apply to the Court to gain possession. Your tenants would be responsible for the Court fees

It would be worth joining a LL's association.

It would be wrong to move in, dump her stuff outside and change the locks. If you don't mind doing the wrong thing (in the eyes of the law at least), go for it.

Has the fixed period ended yet?

GG

clutton_2

there is a lot of incorrect advice here - you clearly are a new LL and do not know what to do -

You CANNOT get any tenant out without a court order and this takes time and money (£150 for the court order and £95 for a Bailiffs warrant)

my advice is

1) join National Landlords association - MUCH cheaper than solicitors (the joining fee is tax deductible)
2) phone their legal helpline to get them to show you how to issue a Section 8 notice. This is a court action to get her out on the grounds of non payment of rent - you cannot do this until she is 8 weeks in arrears tho.

3) dont faff about - do it today - you cannot do this without professional advice and this is the way forward - amateur landlords have cases for eviction thrown out of the court every week because they get the paperwork wrong

This will take you 2-3-4 months (depending on when you signed the tenancy agreement) - so arrange some loans to pay the mortgage before you get repossesed as well.

good luck

PasturesNew

By sub-letting she will have usually broken the terms of a common AST agreement.

Her lodger money isn't yours. What is yours is your full rent that you are renting it to her for.

But it's all getting quite complex now. She's clearly in it for the long-term.

Take clutton's advice above. Item 3: DO IT TODAY.

You might also like to read this thread: http://forums.moneysavingexpert.com/showthread.html?t=782197
Where somebody found their tenant had gone to China ... and had let it out to 4-6 people and was pocketing the money.

saviola_2

Thanks so much for the advice, really appreciate it.

As for the deposit - i'm afraid I had never heard of the approved deposit scheme and I just took a £150 deposit when they moved in - is this going to be a problem?

As for the tenancy agreement, I will double check but i'm pretty certain that there was no minimum period of 6 months or anything, but i'll double check and report back here shortly.

Thanks again all

Gorgeous_George

I suggest you make sure that you know your next tenancy agreement intimately. If you are not going to do it right please, don't do it at all.

GG