Help with problem tenant who wont leave

clutton_2

as soon as they are 8 weeks in arrears - go to the local council off ice and ask if the HB can be paid directly to you - they may agree.

ruggedtoast

No deposit protection and no copy of your AST. Uh oh.

Better go round there and ask her to leave right away, sounds like you cant keep the mortgage payments if you dont get another tenant in so maybe if you explain that she may give you a break. The courts will take 6 months to a year to evict someone.

saviola_2

barnaby-bear wrote: »

yeah the tenancy agreement is a main point... the deposit scheme is supposed to be self-policing - did you issue a receipt or paperwork saying you had a deposit (your disorganisation may save you if you haven't) the 3xrent to the tenant was designed to REALLY ENCOURAGE landlords to use the scheme...

I never provided any receipt or documents to say I had received any deposit from them (obviously - you've seen my track record )

PasturesNew

OK, so, so far they don't know the law maybe. And they don't know you don't have a copy of their agreement.

What was their starting date on the agreement?

Some of these questions we won't be able to help you with, but we will have aksed all the questions over the weekend so you have everything to hand when you join an association on Monday. So you'll be ready and raring to proceed.

PasturesNew

saviola wrote: »

I never provided any receipt or documents to say I had received any deposit from them (obviously - you've seen my track record )

awww

You're lucky here this morning. We're all the "nice ones". When the "horrid ones" get up later and join in, just ignore them....

barnaby-bear

saviola wrote: »

I never provided any receipt or documents to say I had received any deposit from them (obviously - you've seen my track record )

So they didn't give you a deposit - just some rent up front....

Snooze

ruggedtoast wrote: »

The courts will take 6 months to a year to evict someone.

Exactly, and then you've got the issue of getting your cash back which more often than not never materialises. They either do a runner and suddenly become untraceable or the court agrees that they can only afford to pay the arrears back at 2 pence per month. :rolleyes:

Sorry, but despite what the do-gooder's advise on here I'd be going round and changing the locks as there's no way that I'd be letting someone live in my house for realistically the best part of 12 months without seeing a penny in rent, not to mention your legal costs to get the eviction in the first place!

Add on to that the fact that you're guaranteed your house will get trashed as soon as they get wind of the eviction notice, so you've then got £xxxx of work to do before you can re-let it, whereas if you go and change the locks when they're out that's one thing you won't have to worry about and also as you've already got a tenant lined up they can be in and paying rent too.

I know it's not the correct way of doing things but sometimes these things need to be done to protect your own interests.

Only you can make the decision though.

Rob

saviola_2

Snooze - I hear you and agree with what you say.

However, this girl knows some pretty serious cretins who don't have a brain cell between them, but have arms like tree trunks.

I really don't want a war with these people - I have a young child and don't want them after 'revenge' by 'casing my joint' or whatever thieving scumbags do to gain 'revenge' nowadays. You know, throwing a hoodie through my front window or whatever.

For this reason, I cannot do what your suggesting. I do, however, totally appreciate your opinion and truthfully it is what I would like to do if truth be known. After all, this is my house - not theirs.

olly300

If you are in England and Wales tenancy agreements can be verbal as well as written. However only do verbal tenancy agreements if you understand the law and how to deal with people who don't pay up, which clearly OP you don't.

As the others have suggest try both the softly and legal measures to get her to leave. Do them both simultaneously and you will get results.

Also see if you can go to the house when the main tenant is out and talk to the lodger. Explain to the lodger that you are the house's owner and the landlord, and you are in the process of evicting the main tenant, which means the the lodger will end up homeless immediately. Whatever you do, do not agree to take rent from that lodger as otherwise they will end up legally as your tenant and you won't be able to get them out with ease.

Snooze

saviola wrote: »

Snooze - I hear you and agree with what you say.

However, this girl knows some pretty serious cretins who don't have a brain cell between them, but have arms like tree trunks.

I really don't want a war with these people - I have a young child and don't want them after 'revenge' by 'casing my joint' or whatever thieving scumbags do to gain 'revenge' nowadays. You know, throwing a hoodie through my front window or whatever.

For this reason, I cannot do what your suggesting. I do, however, totally appreciate your opinion and truthfully it is what I would like to do if truth be known. After all, this is my house - not theirs.

:huh:

I personally think you'd have far more to worry about when the court serves her with an eviction notice and then after the eviction.

She's going to react regardless of which method you use - the main differences being that one method is going to cost you £1000s (which you're not going to see a penny of back) and the other isn't.

Rob