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Tenant not paying rent and has given notice - but wont leave

24

Comments

  • As already suggested, strongly advise you don't show tenants round unless you are very sure of the condition of the property and attitude of the tenants.

    And yes, you don't know for certain they will move out in four weeks time. So a bit of a waste of time and could lead to a nightmare scenario of new tenants having to leave their previous property and having nowhere to live if your present tenants don't leave on given date.
  • karxlee
    karxlee Posts: 31 Forumite
    Simple serve an s8 notice: Today: Probably G10, maybe also G11. They might take the hint.

    Sorry what is a G10 and G11?
  • karxlee wrote: »
    Sorry what is a G10 and G11?
    https://www.landlordzone.co.uk/information/grounds-for-possession

    The ignorance of landlords sometimes amazes:

    Mind you, I though I knew what I was doing when I started: Made painful, expensive, long-drawn-out mistakes: Way worse than not knowing the grounds for possession. I resolved to learn: Still learning: Still making mistakes.
  • karxlee
    karxlee Posts: 31 Forumite
    https://www.landlordzone.co.uk/information/grounds-for-possession

    The ignorance of landlords sometimes amazes:

    Slightly rude :(

    Thank you for the link I will make sure I read up about all kinds of possession.

    Like I said we have been very lucky with our previous tenants, this is the first time we have come up against this type of behavior.

    We are going to hold off showing anyone round the property, after listening to everyone's advice, also because the current tenant will not allow us access, even though he has signed the tenancy agreement that states he must all us access to show people round if they have given notice.

    After doing a lot of research it is very very clear that the law sides heavily with tenants and tenancy agreements are not worth the paper they are printed on, it seems you can take out all the insurance you like and still end up with people thinking they can live in your property free of charge.
    I get there are some dodgy landlords out there, but the law is so biased it's unreal, and makes you wonder if it is worth renting at all.

    Thank you to everyone who has put up with my ignorance and lack of understanding 'text' speak.
  • saajan_12
    saajan_12 Posts: 3,594
    First Anniversary Name Dropper First Post Combo Breaker
    Forumite
    karxlee wrote: »
    Hi

    I have a tenant that is 6 weeks late in paying their rent, and when I challenged them they advised by text message that they are moving out in 4 weeks time, I accepted this in a reply to them via text stating the date I expected to get the keys back.

    The 6 month tenancy agreement ended at the beginning of Jan 2018, and I moved them onto a rolling monthly periodic agreement. They paid 1 months rent as bond, and has told me to use that for the late months rent, I advised that it not what a bond is for!

    I'm looking for some advise on a couple of things if possible.

    Is a text message acceptable as notice from them, and is my acceptance of their notice via text legal?- what does your tenancy agreement say? This depends on the judge, if it were me I'd rather not rely on that and get your own notice or a mutual surrender agreement in as well.

    What happens if they don't move out in 4 weeks? Will they become trespassers? - IF their notice was valid and binding, then once it expires, they become liable for double rent (under Distress for Rent act) and you can apply for a possession order through the court based on their notice. IF their notice was not binding, then nothing happens..

    Will I have to issue a Section 21 or Section 8 -
    you should. Issue Section 21 now (go through the checklist as it's very easy to get it wrong) and apply for a possession order once it expires in 2 calendar months. This is guaranteed to be issued, provided your notice is perfectly valid. Also issue Section 8 notice as soon as they have missed 2 payments. This can expire earlier, and if they are still 2 payments in arrears, then you can get a possession order to get them out sooner.


    Can I advertise the property whilst they are still in it.
    - Yes, but it may be fruitless as you don't know when the tenants will be out and how much work will be needed,
    so won't be able to give prospective tenants a firm move in date.
    However you can begin to get details together, letting agent etc.

    Can I show new prospective tenants around the property whilst the current tenants are still in.
    - Yes, IF your tenancy agreement allows for access for viewings. These must be at REASONABLE - so during daytime hours, not too frequent, giving atleast 24 hours written notice.
    Practically if they have changed the locks or leave the place a mess, it may be counter productive for you though.

    Thanks in Advance.

    I would focus on trying to agree a mutually convenient date for the current tenants to vacate and pro-rata the rent etc, then both can move on. If this doesn't work, then issue the section 21 & 8 notices, then apply to court for a possession order, wait for it to expire and apply for bailiffs who will ultimately remove the tenants. This may take some time though, so only worth advertising further into the process.
  • karxlee wrote: »
    https://www.landlordzone.co.uk/information/grounds-for-possession


    After doing a lot of research it is very very clear that the law sides heavily with tenants and tenancy agreements are not worth the paper they are printed on, it seems you can take out all the insurance you like and still end up with people thinking they can live in your property free of charge.
    I get there are some dodgy landlords out there, but the law is so biased it's unreal, and makes you wonder if it is worth renting at all.

    Thank you to everyone who has put up with my ignorance and lack of understanding 'text' speak.

    I think it depends on your context. Having been a tenant with a LL who promised to do repairs but never did, contract problems and then going through 2 years of 'I am going to sell' shenanigens.., and I could do nothing in any of these situations. I'd say LL's are favoured. But that's because I was a private tenant in a bad position and there are loopholes some LL's will enjoy leaping through. You have another perspective.

    However, you can evict possibly on S8, certainly on S21.., you just have to make sure to get the S21 correct and proceed regardless of any delaying tactics the tenants make.
  • GreenSnake
    GreenSnake Posts: 128 Forumite
    edited 23 January 2018 at 5:29AM
    [/QUOTE]

    After doing a lot of research it is very very clear that the law sides heavily with tenants and tenancy agreements are not worth the paper they are printed on, it seems you can take out all the insurance you like and still end up with people thinking they can live in your property free of charge.
    I get there are some dodgy landlords out there, but the law is so biased it's unreal, and makes you wonder if it is worth renting at all.

    Thank you to everyone who has put up with my ignorance and lack of understanding 'text' speak.[/QUOTE]

    Well don't become a landlord in Scotland then, whatever you do...

    Their new Private Residential Tenancy rules would make your head explode!
  • Oh. The quote thing doesn't work.
    Never mind.
  • thelem
    thelem Posts: 774 Forumite
    GreenSnake wrote: »
    Oh. The quote thing doesn't work.
    Never mind.

    You need to start your quote with [ quote ] (without spaces). The / ends the quote. You can edit your post if it has a problem like that.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
  • karxlee
    karxlee Posts: 31 Forumite
    Quick update:

    The tenants moved out last weekend thank god! just as we were about to issue a section 21.
    We waited until the 15th when they said they were going to move and then in and changed the locks. The property is ok apart from a good clean there isn't much damage so we should count ourselves lucky.

    Thank you for all the replies (even the arsey ones), we have learnt alot over the passed few weeks, and it will change what we do going forward.
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