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Not sure of my moral obligation?
Comments
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Mumto3cheekymonkeys wrote: »I'm not sure what proof I would need to evict him, he is very smart and we dont want to end up in a lawsuit.
You don't need any proof of anything. If his tenancy agreement has four months left you can issue a Section 21 Notice now giving him notice that you intend to end the tenancy upon expiry. You can do this for any reason you like or no reason at all.
The reasons why you got yourselves into this mess are not pertinent. I would advise you to focus on your options rather than on why you wanted a tenant instead of getting rid of this property which you cannot afford.
Everything hangs on whether the agreement was signed with the tenant direct or with the council. That you required a guarantor suggest very strongly to me that the agreement is with the tenant, so please PLEASE join a landlords association and get to the S21 Notice right away.
"I get housing benefit paid to me for the property however I am not sure is all is kosher."
This suggested to me that the OP is receiving the rent, or should be, direct from the tenant. If they are claiming the HB/LHA fraudulently and the council find out then they will reclaim it back from the tenant, rather than the landlord.0 -
Just to add the advice you've received above:
* if your tenancy agreement has 4 months to run, you can only evict early for rent arrears (not strictly true - but in reality that's the case) The arrears must be at least 2 months. It sounds like the tenant is ONE month in arrearrs, correct?
* You an serve a S21 at any time in preparation for the tenancy ending in 4 months. You should certainly do this within the next 2 months.
* trying to sell the property while the tenant is still there is pointless - he does not need to cooperate with viewings, and buyers will not be interested.0 -
Last month the housing benefit was paid to him but this month it is due to be paid straight to him. We had no mortgage on the property but remortgaged it for the deposit on our new property so we would get the best rate, originally we could afford both of them but I lost all my hours at work and no longer had a job. I have now got a new job and we could afford to pay the remortgage but that's not really what we want. We have quite frankly had enough of tenants taking advantage and not adhearing to the conditions. Everyone is anti-landlords but sometimes the land lords have to put up with the rubbish.
Thank you all for your advice and I have just spoken to someone who works for my local council and she has advised me to inform the council that I believe he is committing fraud. By doing this we are not liable to pay back the HB we have received and he will be investigated. We will also still receive HB while they investigate.
We are with a landlord association and my partner has just told me that he has given them the section 21 which has been signed by the tenant and himself to say it has been served. the date of which he is to leave is the tenancy end date however if he is seen to be committing fraud we will have grounds to evict him within 2 months.0 -
Just to add the advice you've received above:
* if your tenancy agreement has 4 months to run, you can only evict early for rent arrears (not strictly true - but in reality that's the case) The arrears must be at least 2 months. It sounds like the tenant is ONE month in arrearrs, correct?
* You an serve a S21 at any time in preparation for the tenancy ending in 4 months. You should certainly do this within the next 2 months.
* trying to sell the property while the tenant is still there is pointless - he does not need to cooperate with viewings, and buyers will not be interested.
He is only 1 month in arreas but he has not stuck to the tenancy agreement he has signed. In his tenancy it does state that he must allow viewings as long as he has been given 24 hours prior notice.
We have been told by estate agents that 40% of the houses they sell are rented out and tenants still occupying them while viewings are going on and so far no problem.
:-s0 -
Mumto3cheekymonkeys wrote: »He is only 1 month in arreas but he has not stuck to the tenancy agreement he has signed. In his tenancy it does state that he must allow viewings as long as he has been given 24 hours prior notice.
We have been told by estate agents that 40% of the houses they sell are rented out and tenants still occupying them while viewings are going on and so far no problem.
:-s
Despite what your EA says this is not enforceable in practice as there are the tenant's right to quiet enjoyment to consider (a whole debate about this)
Your tenant could make things very difficult by refusing viewings and changing the locks.
Your best route is the Section 21 notice and then court proceedings to evict him if he doesn't leave.
Since you are a member of a LL Association they should be advising you of your rights and obligations.
I do not know about getting a tenant out because they have committed fraud though. I suspect that whether this is true or not court proceedings might have to be involved.0 -
I've also seen tenancy clauses saying that the tenant must get the property professionally cleaned at the end of the tenancy. And that the tenant cannot have more than 2 guests round at a time.Mumto3cheekymonkeys wrote: »He is only 1 month in arreas but he has not stuck to the tenancy agreement he has signed. In his tenancy it does state that he must allow viewings as long as he has been given 24 hours prior notice.
We have been told by estate agents that 40% of the houses they sell are rented out and tenants still occupying them while viewings are going on and so far no problem.
:-s
That does not mean the tenant has to comply wih unenforcible clauses.0 -
Mumto3cheekymonkeys wrote: »We have quite frankly had enough of tenants taking advantage and not adhering to the conditions.
Quite honestly, if you have unenforceable clauses in your tenancy agreements I'm not surprised that your tenants haven't adhered to them.
Everyone is anti-landlords but sometimes the land lords have to put up with the rubbish.
That's a gross overstatement if I heard one. Not everyone is anti-landlord but any sensible person could be anti a particular landlord for a number of reasons. Not being professional when engaging in a business relationship is one of them. Lots of newby landlords have difficulty separating their emotional attachement to properties they have previously lived in and enjoyed themselves.
There are a number of landlords who post on this forum regularly giving good advice to tenants and landlords alike. One or more of whom have responded to you in this thread.
We are with a landlord association and my partner has just told me that he has given them the section 21 which has been signed by the tenant and himself to say it has been served. the date of which he is to leave is the tenancy end date however if he is seen to be committing fraud we will have grounds to evict him within 2 months.
As it sounds like you have managed to insinuate at least one unenforceable clause into your tenancy agreement I sincerely hope that you have taken the advice of your landlords association when completing the Section 21 Notice. One error in it and it will be chucked out of court should you need to get that far.0 -
Mumto3cheekymonkeys wrote: »We have been told by estate agents that 40% of the houses they sell are rented out and tenants still occupying them while viewings are going on and so far no problem.
:-s
Are these agents who want to sign you up to a sales contract? Bear in mind they will tell you whatever you want to hear to get you to sign a contract.What goes around - comes around0 -
Yes they are. Bitterandtwisted We are newby landlords and we had been wrongly advised by our agent and that is why we are in the mess we are in, we have made no profit this year and we were not planning on renting out the house to make profit but as a retirement plan. We now see that in the current climate that is not going to pay us off. We are very not very clued up about this situation and I appreciate all advice given.
We are going to contact the housing people to cover our backs incase he is committing fraud and if he is I have been told that as he was the councils homeless case they will be liable to rehouse the family however we believe he owns property in another county.
Thanks all for your advice X0 -
Never, ever believe anything an agent tells you about anything! They are not your personal advisors but are business people whose only interest is in their own short-term profits. Even if it's to your long-term detriment.
If they tell it's Wednesday it would be well to check your calender before you accept it. The advise you should have sought and relied on is from your landlords association.
Do not sign up with the same agent to sell your property as they already suspect that you can be led by the nose. Try and find another with a modicum of integrity. If you can find one. Most definitely not the one you have been dealing with on the lettings-side.
The only reassurance I can offer you is that every penny it costs you to get shot of this lousy, lying tenant can be offset against the rental-income for tax-purposes, so the final figures may not be so unfavourable.0
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