Help with problem tenant who wont leave

Snooze

rich68 wrote: »

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.

THANK YOU, RICH. Common sense at last. :T

That is the problem with this country - be a do-gooder and do everything by the book and you get treated like !!!! whereas the criminals and fraudsters get free holidays and a slap on the wrist.

Sorry but anyone who still has "faith" :rolleyes: in the law in this country to stand up for them anymore is living in cloud cuckoo land.

Rob

rich68

Thanks Rob. :beer:

It's a simple question of right and wrong. I am a tenant myself but I don't think tenants should be encouraged to milk the system.

saviola_2

Thanks for all the advice everyone. Some of it via the legal route and some of it the not so legal route....I know which I would rather do but I don't want this scruff bag dragging me down to the same gutter level.

The whole thing that really gets me, is that they actually requested to leave...I never asked them to go. Then on the day they are due to move out it all changes, and I'm left with zero rental income and a scumbag in my house. And should I move them myself, then I'm in the wrong. Bitter is not the word.

[Deleted User]

Snooze wrote: »

Oh come on, be realistic. It's never going to happen. Give me one case where a landlord has been chucked in the slammer for changing the locks when the tenant has refused to pay the rent (let alone a case where the tenant is also illegally sub-letting the property out!).

Rob

A quick search of Butterworths brings up not one but 277 criminal cases of people being prosecuted under the Protection from Eviction Act 1977. Not something I'd personally chance:

Protection from Eviction Act 1977

The Protection from Eviction Act 1977 makes illegal eviction a criminal and civil offence.

Unlawful eviction or a harassment offence can be tried in a Magistrates Court or the Crown Court. The maximum penalty in a Magistrates Court is six months in prison and/or a fine of not more than £5,000. In the Crown Court it is two years’ imprisonment and/or an unlimited fine.

Snooze

Deleted_User wrote: »

A quick search of Butterworths brings up not one but 277 criminal cases of people being prosecuted under the Protection from Eviction Act 1977. Not something I'd personally chance

And how many of those 277 were chucked in the slammer? Umm, that's right - none. :rolleyes:

Case closed, thank you and good night.

Rob

RHemmings

barnaby-bear wrote: »

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

How many witnesses are there to say that it was a deposit?

scutter

If the tenant left a window open, could you or someone you know climb in and claim squatters rights?

You would then have to take the squatter to court, but the current tenant would have to move on. Once they have disappeared then the squatter leaves and you get your house back.

Gary

[Deleted User]

Snooze wrote: »

And how many of those 277 were chucked in the slammer? Umm, that's right - none. :rolleyes:

Case closed, thank you and good night.

Rob

:rolleyes:

I'm not going to count them...but it's significantly more than none. And bear in mind these are reported decisions, and thus only a tiny percentage of the overall number of cases.

Plus you sound like a law-ignoring scoundrel to me.

yamaha43

try http://www.takelegaladvice.com - works well for giving legal advice or finding a solicitor for quotes on work

SquatNow

mlz1413 wrote: »

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)

Even if it's not a BTL mortgage... if the bank reposess the place and sells it at auction for less than the outstanding mortgage they can still seize the OPs own home and sell that too to cover the difference.

In the current market, the "rental" place is only going to sell for a shed load less than it was "worth" last year... for a quick sale you'de be looking at AT LEAST 30% below last Augusts prices.

Unless the OP can get the ex-tennants dad to sort the problems out and get the woman out pronto the OP will run out of money and probably end up going bankrupt.

I'm sorry, I know it's a terrible thing to say, but it's basic maths.