Help with problem tenant who wont leave

PasturesNew

Just had a thought. If she's illegally sub-letting, while not vacating your property and not coughing up the rent ... dob her in to the authorities.

It might not get her out of your house, but you might gain some small acorn of satisfaction from it.

There's a free hotline number for benefit fraud.
http://www.direct.gov.uk/en/Dl1/Directories/DG_10026666

tbs624

PasturesNew wrote: »

If it is just a periodic tenancy, then you will have to issue a Section 21 (formal bit of paper) on/by the next rent date, giving them 2 months' notice to leave from that rent date. So if the rent date was yesterday you missed the boat and while you can issue the Section 21 they'd effectively be getting 3 months' notice as it won't take effect until next rent day....

Saviola - if you have been given a deposit and you have not registered with one of the schemes then you cannot use a S21 Notice - Housing Act 2004, S215.

Shelter( 0808 800 4444) will advise LLs as well as Tenants, and so will the Tenancy Relations Officer at the local Council's Housing Dept (private rentals). You need qualified legal advice for this one and please, as others have said, ignore totally unwise suggestions about lock changing. Illegal eviction is a criminal offence, and however great your feeling of injustice is now(understandably) , it would be that much worse if you find yourself in court. You can get a Fixed Fee appointment with a local solicitor - see here for how to find someone in your area: http://www.clsdirect.org.uk/en/directory/directorysearch.jsp or http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Another site worth looking at is http://www.landlordlaw.co.uk/ - run by a solicitor Tessa Shepperson who specialises in LL & T law.(does lawpack legal agreements & property law books etc)

srichards

I heard from my estate agents that fairly soon HB is going to be paid directly in the form of a cheque to the tennant, it is then their money, but it is for rent.

clutton_2

this will only happen at the start of a new tenancy - not for existing HB claims

50plusabit

There are too many issues here to attempt this alone, this tenant knows what she is doing, and with respect you do not. You say you can not afford to cover the mortgage, then you should not have taken this out, all rental properties have a "dead" period which you have to cover.
Go to the CAB they are free and helpful, if you do not want to engage a solicitor.
Ring or better still, go to the benefit office and report that one of your tenants receiving housing benefit has left (that will stop the boys) and that the girl who is still in the property is subletting, this will put a hold on hers. Housing benefit is now only paid to the tenant, it used to be paid to the landlord if requested, and if they are 8 weeks in arrears you used to be able to apply for your tenants benefit to be paid to you, need to check that. If she is not paying you, then at least you can stop her benefit.
Don't go for section 8 as this is not mandatory, where as a section 21, correctly dated is mandatory, and the judge has no option but to grant it.
Go on the court site and fill the form N5B Accelerated Possession, will start things moving. You do not have to give the tenant a reason for possession, but once she gets the section 21 she may get awkward.
As for the deposit, ignorance is not an excuse, thats not my words but the words of law.
Good luck and do come back and let us, or me know how things go. One last bit of advice, once you start these procedings, do not go to the house are harrass her in any was, she will us it against you.

tbs624

50plusabit wrote: »

Don't go for section 8 as this is not mandatory, where as a section 21, correctly dated is mandatory, and the judge has no option but to grant it..

....except where a LL has failed to register a Tenant's Deposit with one of the three schemes: a S21 cannot be used until such time as the Deposit is registered .(see above)

clutton_2

saviola - i have sent you a private message

barnaby-bear

tbs624 wrote: »

....except where a LL has failed to register a Tenant's Deposit with one of the three schemes: a S21 cannot be used until such time as the Deposit is registered .(see above)

No deposit was taken or receipt issued.... just some up front rent - the OP got 'confused' and called it a deposit by mistake

mlz1413

OP you need to make a decision do you fund this women living in your house or don't you.

If you don't want to then look at how much equity is in the house and make a decision on if it's worth keeping. IE you're paying £500 pm and its going to going to take you 6-12 months to get rid of her legally, then if you have less than £6000 equity in house either put it up for sale or give the keys back to the mortgage company. Its a hard lesson but dealing with mortgage company will probably be easier than dealing with a professional tenant!

(I'm hoping for your sake it is a BTL mortgage)

rich68

Snooze wrote: »

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

I think Snooze's approach is going to become more and more common (and in other areas of life too). Let's be honest, we no longer can rely on the law to help us, even though we pay their salaries via taxes. The message is clearly that we have to stand up for ourselves or be taken for mugs. As a whole, people in Britain are scared of the criminals and so give them a very easy life, allowing them to get away with anything they want. It's got to stop sooner or later. If those without a brain cell between them are at the top of the pecking order then there's something wrong with the country.