Evicting a Troublesome Tenant

stinky_docker · 12 January 2018 at 11:46AM

Hello All,

I need some urgent and sensible/legal advice for evicting a right sh!!bag of a tenant.

My elderly mother bought a house to rent out as a means of supplementing her retirement. The tenant is a private tenant who has failed to pay rent for over 4 months.

My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet. I now need to find out the most efficient way to get him evicted/out of the property?

Is some form of eviction order/notice the best step?

Also, he is self-employed so often leaves the property vacant whilst at work, I'm assuming he would be classed as a squatter as his tenancy has lapsed so could I go and "Secure the vacant property/change locks/board up exits" when its empty? would this be legal..?

I need to pry into the minds of the savvy landlords in order to free my elderly mother of this burden and send her on a cruise to enjoy retirement as opposed to the huge stress she's experiencing right now.

A little background info:

1) He's self-employed and not in receipt of welfare.
2) He has access to his children who occasionally stay over but not custody so I can't imagine could play the family card.
3) He is a low life and will stoop at nothing to prolong this nonsense.
4) At some point, I'd like to seek to recover every expense he's caused my mother so any further advice on that would be appreciated.

Thanks for any help, you'd be making a hard working old girl very happy if I can get this low-life out of her property.

Thanks
Andy

Comms69 · 12 January 2018 at 11:55AM

stinky_docker wrote: »

Hello All,

I need some urgent and sensible/legal advice for evicting a right sh!!bag of a tenant. - You'll get honest and correct advice, I'm not sure about urgent or sensible though!

My elderly mother bought a house to rent out as a means of supplementing her retirement. The tenant is a private tenant who has failed to pay rent for over 4 months. - How long has he/she been in the property?

My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet. - That's not what a s.21 is. The fact you think it is suggests it may be an invalid notice. I now need to find out the most efficient way to get him evicted/out of the property? - there is only one way, via the courts. (well or pay him/her to leave, but I doubt you want to do that, thought it may be quicker and cheaper)

Is some form of eviction order/notice the best step? - hopefully she issued a valid notice, the s.21

Also, he is self-employed so often leaves the property vacant whilst at work, I'm assuming he would be classed as a squatter as his tenancy has lapsed so could I go and "Secure the vacant property/change locks/board up exits" when its empty? would this be legal..? - Definetely not! he is a tenant. Why would you think hes a squatter? His tenancy hasn't lapsed at all! - just fyi it would be a criminal matter which your dear old mum could end up arrested for!

I need to pry into the minds of the savvy landlords in order to free my elderly mother of this burden and send her on a cruise to enjoy retirement as opposed to the huge stress she's experiencing right now. - Then start eviction proceedings now

A little background info:

1) He's self-employed and not in receipt of welfare. - irrelevant
2) He has access to his children who occasionally stay over but not custody so I can't imagine could play the family card. - irrelavnt (no such card exists)
3) He is a low life and will stoop at nothing to prolong this nonsense. - Irrelevant, he has rights.
4) At some point, I'd like to seek to recover every expense he's caused my mother so any further advice on that would be appreciated. - You can recover rent is you go via small claims court (well your mum can, you cant do anything)

Thanks for any help, you'd be making a hard working old girl very happy if I can get this low-life out of her property.

Thanks
Andy

Average eviction takes 40 weeks.

Check the s.21 is valid. Issue s.8.

Check the deposit is protected. Gas safety up to date. EPC provided. Renters guide provided.

Red-Squirrel_2 · 12 January 2018 at 11:56AM

Even sweet old elderly ladies should make sure they understand the law relating to renting/tenants before they embark on BTL.

No you can't just change the locks, that would be an illegal eviction.

A section 21 doesn't end the tenancy.

Read these guides, every word:

http://forums.moneysavingexpert.com/showthread.php?t=5180214

marliepanda · 12 January 2018 at 11:58AM

stinky_docker wrote: »

Hello All,

I need some urgent and sensible/legal advice for evicting a right sh!!bag of a tenant.

My elderly mother bought a house to rent out as a means of supplementing her retirement. The tenant is a private tenant who has failed to pay rent for over 4 months.

My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet. I now need to find out the most efficient way to get him evicted/out of the property? A section 21 is a notice of intention to evict, he did not need to leave at the expiry, and its not the 18th yet anyway.

Is some form of eviction order/notice the best step? yes she needs to go to court to evict him IF the sectin 21 is valid and he doesnt leave at the end.

Also, he is self-employed so often leaves the property vacant whilst at work, I'm assuming he would be classed as a squatter as his tenancy has lapsed so could I go and "Secure the vacant property/change locks/board up exits" when its empty? would this be legal..? 1. The tenancy hasn't lapsed, it is the 12th. 2. Until a tenancy is severed by court order of course you cannot go in and change the locks. Of course this is illegal.

I need to pry into the minds of the savvy landlords in order to free my elderly mother of this burden and send her on a cruise to enjoy retirement as opposed to the huge stress she's experiencing right now. Probably shouldnt have gone into the landlord business then...

A little background info:

1) He's self-employed and not in receipt of welfare. And?
2) He has access to his children who occasionally stay over but not custody so I can't imagine could play the family card. And?
3) He is a low life and will stoop at nothing to prolong this nonsense. And?
4) At some point, I'd like to seek to recover every expense he's caused my mother so any further advice on that would be appreciated.

Thanks for any help, you'd be making a hard working old girl very happy if I can get this low-life out of her property.

Thanks
Andy

My comments in red above...

Firstly your mother is a landlord and this is her tenant, all this 'old girl, elderly, hard working' vs 'low life, ****bag' She chose to rent a house, she took the risks.

Secondly, I suggest she looks into the legal side of her business. Has she protected his deposit (if there was one)

stinky_docker · 12 January 2018 at 12:20PM

Thanks for the replies so far.

I'll apologise if things weren't clear, I'm simply passing on what I've been told and I wholeheartedly agree that she should have never have got involved in rental property its safe to say she believes the same.

I'm quite sure the s.21 is all correct, she was in court late last year with this matter and that was the result.

Is the next step an eviction order?

Red-Squirrel_2 · 12 January 2018 at 12:22PM

stinky_docker wrote: »

Is the next step an eviction order?

Read. The. Guides.

Seriously, all the info you need is in there.

bxboards · 12 January 2018 at 12:25PM

You will need to apply to court for the eviction.

BTW Jan 18th hasn't happened yet, it's the 12th so still has 6 days to go.

I imagine the temptation would be to get together a few people to turf out all his stuff into the garden and change the locks - this would be illegal, but the chances of the police trying to stop you doing this would be zero if you have an eviction notice.

marliepanda · 12 January 2018 at 12:27PM

stinky_docker wrote: »

Thanks for the replies so far.

I'll apologise if things weren't clear, I'm simply passing on what I've been told and I wholeheartedly agree that she should have never have got involved in rental property its safe to say she believes the same.

I'm quite sure the s.21 is all correct, she was in court late last year with this matter and that was the result.

Is the next step an eviction order?

She went to court and the court issued a s21?

Are you sure you have all this straight?

The s21 hasnt expired yet (if it has been correctly issued) and therefore there is no next step until it expires.

Comms69 · 12 January 2018 at 12:34PM

bxboards wrote: »

You will need to apply to court for the eviction.

BTW Jan 18th hasn't happened yet, it's the 12th so still has 6 days to go.

I imagine the temptation would be to get together a few people to turf out all his stuff into the garden and change the locks - this would be illegal, but the chances of the police trying to stop you doing this would be zero if you have an eviction notice.

That's just not true on ANY level. Stop giving such bad advice.

Even with a possession order, only bailiffs can evict.

The simple fact is you just suggested the OP commit a criminal offence which could lead to prison time, however unlikely, and certainly has very significant criminal and civil financial penalties (as well as criminal record for the LL)

elsien · 12 January 2018 at 12:38PM

What exactly did she go to court for? What was the outcome?

stinky_docker · 12 January 2018 at 12:50PM

She has issued S.8 & S.21, I believe she went to court to get the papers/advice.

I'll have a look through the guides but just at work, again apologises for the somewhat confused or disrupted statements, I know she has followed steps correctly to evict him and now the S.21 has reached its two months point (Jan 18 refers to the month/year).
Thanks so far
Andy

PLEASE READ BEFORE POSTING

Evicting a Troublesome Tenant

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free