WHEELSHOP0_0

Not advice but imho be careful what you put on forum as "pre-meditated" spings to mind, Evo is right do anything you can (legal) to get this vermin out and put this behind you. ps burning your own house down seems a smidge drastic.

paulwrxboro

CHEERS i uderstand all that and i will be carefull

stilover

My cousins run a property business, and they get this problem all the time.

The way they solve it is simple. You've given your tennents plenty of notice to vacate your property, so go round and inform them that on XXX day you are bringing a skip round at 8am. You are bringing a few mates with you. At 8am you are smashing the door down, and anything in the house that doesn't belong to you (by that I mean you Paul) everything else is going in the skip. You will also throw them in it too.

Now, half the time they leave as they don't want the hassel, and seeing their possesions ending up in a skip. The other half however get clever. They wait for you to turn up and phone the Police. Now whenever the Police have turned upo when my Cousin is evicting them, he explains to the copper at the time the situation, and that he he taking his property back (without violence). Every time the copper has had a word with the tennent and got them to move out peasefully.

Most of these people think they are clever, and have the law on their side. A little intimidation goes a long way. Even easier is the bloke lives with his wife/girfriend, as she doesn't want to see her possesions thrown in a skip. Mind you, it help if you are a big bloke, like my cousin is.

Norman D. Landing

What about getting a legitimate Tenant (A friend) to sign a Tenancy Agreement starting tomorrow. Go round with your new Tenant and call the police stating that your new Tenant wants to move in and your old one won't move out? Is that worth a try?

paulwrxboro

this ****** will not move hes just been on the phone and has spoke to his soliciters

think im gonna try the above (no violence) eviction

paulwrxboro

i have been thinking of this but was told it gets very complicated

scoobynutta555

I think you should have a word with a solicitor yourself. You have given him notice therefore he is obliged to move out on the date in question and provided you have done everything by the book he is obliged to leave. If he's now stopped paying rent he is in breach of contract, grounds for removal.

He sounds like a bloke who's going to be a very big pain if you go in all guns blazing. He can actually sue you if you evict him illegally, and you might be surprised at how much he may get. Wouldn't look good in court if you threw out a family on the street.

I don't know what your circumstances are regarding tax and compliance with regulations regarding renting the house out (gas safety inspections etc) but if I were you I'd make sure you're squeaky clean. This bloke sounds like he's going to be a total arsehole and it's not unknown for types like this to call the inland revenue up etc.

See a solicitor ASAP for your options as you could be left up the creek illegally if you go ahead with this 'non physical' eviction.

paulwrxboro

cheers i am seeing a solicitor now see how sooon this can be done and im ok on the tax front.
my head is well and truely up my **** i dont know wether im coming or going

paul-s

why not just go round when he's out, and simply change the locks - wait for him to come home and he'l have to knock on the door. simply say, no you dont live here anymore goodbye

stilover

You then counter claim against him for Loss of income. Also claim the house was left in need of repair which has cost £X amount.

Make sure your claim is higher than his. At the end of the day, if you tell him you've been down this path before, and won. If he then thinks he'll end up paying thousands, he'll drop his case.

Like I say, my cousins are in the business. They've done it all, and always won.

Don't let this guy think he has the advantage.

scoobynutta555

They seem to be fortunate up to now then. The landlord is open to prosecution.

Here's a nice piece:

"The Protection from Eviction Act 1977 makes it a criminal offence for any person to evict a tenant without following the correct legal procedure. The Act also makes it a criminal offence for any landlord, agent or any person, to harass a tenant with the aim of making them leave their home."

On top of that you may be hit with private compensation court demands.

Come up against a real stubborn wiseass and any landlord messing about will be shafted royally.

scoobynutta555

Also, the local council can prosecute you and provide legal advice to evicted tenants, in fact many councils have hotlines for this. And, some nice legal aid if you're a claimer.

WHEELSHOP0_0

Why dont you sublet the house to Stilovers cousins for a short time, let them do the biz, then return the house to you (a small fee would be worth paying). Horses for courses, maybe experience in this area is whats required.

Fuzz

I fail to see how he can be a Tenant without some sort of written agreement..
In which case he a squatter...
Hide round the corner and when he goes out, get in there and put his stuff on the lawn, change the locks and put some mates large dog inside the house...
Call the police when he comes back ranting and have him done for breaking and entering if he has the bottle after seeingt he dogs inside !!



Andy

apples24

iTrader: (1)

if theres no written contract the above is EXACTLY what i would do, only i would stay int he house with the dog for a few days, change all locks etc, maybe even a portable alarm on wheels for when you nip out

J4CKO

iTrader: (1)

Yep, move back in, take up naturism and Yoga.

scoobynutta555

You can now have shorthold tenancy agreements without a written contract.

J4CKO

iTrader: (1)

Why are people such ***** ?

GC8

Take him for a ride in a van with some new friends one evening. Find somewhere quiet and get him to start digging. I bet that he has a complete change of attitude and intention before he gets to his knees.

sterb5

in my opinion id do some home work on this person .who he is who he knows .where his family live ie:sisters ,brothers ,parents.then get someone to go round and tell him they know were they all live and if he wants to make a big deal out of it then so be it.

mad_dr

I don't doubt what you're saying(typing) but that seems absolutely ludicrous to me! So are you saying that there would be NO physical evidence of having entered into a tennancy agreement whatsoever?

If so - in theory - I could turn up at your house when you're at work, claim that I live there and that you've changed the locks and that I own all the posessions in the property, call the police and sue you for illegal eviction?

Where do you live mate...?

mattstant

HMMM Im a landlord and I've never heard of that but there is a verbal contract and up until now regular payments of rent therefore proof of such an agreement.
This really is a legal minefield even without consideration towards the human rights act.

Cant say how horrified i am someone would allow a tennant to move in without a written contract

Floyd

iTrader: (9)

This reminds me of "Pacific Heights with Michael Keaton". Shudder!

F

scoobynutta555

IIRC the law changed in 1997 allowing verbal tenancies for assured shorthold tenancies.

vindaloo

At this point, with solicitors etc. involved, do it by the numbers. Take a deep breath, calm down and prepare for the long game...

Write to the bloke (and his solicitor) telling him when he's to move out. Make sure it's an adequate period. The bloke's in employment and should be able to find somewhere if he puts his mind to it.

Divorce the tenancy termination process from any of the varied unpleasantness that may arise. Your aim is to get your house back. Keep tabs on any costs and damage incurred to possesions and esteem during the process.

Once he's gone you can decide whether to sue him or fight him and burn his stuff.

J.

mattstant

Try hear

Looks like scoobynutta is right but i wouldnt like to contest it in court.
Either way he will Have to go through the courts if he wants to stay legit

http://www.kingston.gov.uk/browse/ho...bligations.htm
and here
http://www.brent.gov.uk/phiu.nsf/61b...0Tenancy%20%3F

Hol

iTrader: (1)

If he has no agreement, can you not move someone else in, to share the house and use all of his personal items like a student does in a shared house.

Im sure you can find someone you know who does not work and would like to sit at home watching his TV all day. HE cant evict them! Can he?


Perhaps you should let him know that the house is on the fast track list for a Bosnian Immigrant family to move in.


Loose the spare keys and the address next to someone at the nearest permanent Gypsy site?

Luan Pra bang

Unless you really know the right people or are very brave all this kick his **** stuff is a bit pie in the sky. As he has a reasonable job etc it means he does have the money to pay and you should take all your paper work to a decent soliciter and start thinking of things to sue him for. In the long run he will have to pay what he owes. As a side note a few random acts of vandalism against his car may also help to increase his stress level and start taking him to small clams court now. If you want to be really clever take him to court nick his post so he doesn't know that he has lost the case and he has to go to court again. There are loads of way to get nasty without putting yourself at risk of a prison sentence.

astraboy

call the local mortuary and report your tenant dead.
Arrange to have "the body" picked up when you know he'll be in
astraboy.

Gordo

re-direct the mail to a pick-up PO box you pay for in cash so you can't be traced. a friend has had their mail re-directed against their wishes by a third party and the best bit is the PO refuse to tell them who it is or where their post is going as it's covered by the privacy of info act.

would be awful if you saw any correspondence with solicitors or got in the way of cheques, wouldn't it. not that you could of course, as that would be illegal

we had a tenant a couple of years ago who refused to pay rent for all sorts of excuses - was a postman who did a bunk after being fired for robbing mail. we were lucky - we had rent cover insurance and they left in such a hurry we ended up car booting their stuff. was very upsetting to keep seeing his dole cheques turn up with nowhere to forward them to. bless him.

Good luck
Gordo