turboman786

Is anyone on here knowledgable on landlord/tenant law?I have a bit of a legal problem that I need as pot of advise on......re a tenat trying to take an injunction agisnt me, saying that I have threatend him etc, whereas all Im am trying to do is evict him..........can anyone help?.....

mattstant

ooooooh tricky one
as a landlord dont think we have ever had to go that far but outline a bit more history and i may be able to help

blimey

Kick a football really hard at his car....

Has his contract come to an end? Have you written to him and given him notice of eviction? What are your reasons for getting him out? Has he trashed the place or broken the terms of his contact? Do you honestly think he has any grounds to get an injunction against you? Have you threatened him with violence?

If you've done everything by the book I'd just ignore him. Put his eviction in writing and if he doesn't vacate call the Police. Thats about all you can do legally. If he starts claiming squatters rights thats the time to get the locksmith around while he's out.

OllieC

Turboman - just to clarify, are you the landlord? Do you own the property or are you sub-letting? Do you live there too? What type of agreement do you have?

It's very hard for small landlords who get unlucky with a tenant. I might be able to give some help as I used to work for a small company that own around 50 flats and lets them out on an assured shorthold basis (mainly to DSS although some workers too). I still know a few people who rent out property in the Portsmouth area. Where are you based?

It's not usually harassment to ask for money you're owed but claims of harassment are a common delay tactic for non-payers. You should record the time and manner of every time you asked, together with the response.

I think you start two eviction proceedings simultaneously - one for arrears and one for no reason (you don't have to give a reason). This could result in giving them a CCJ if they don't sort things out. After they're out you use the small claims procedure in the County Court to get back what you're owed - if you think they could ever pay what they owe.


You could try your nearest landlord's association. Drop me a mail if you want and I'll forward it to someone I know who'll probably be happy to help.

OllieC

Oops - I see you're trying to evict him, not get rent. Same applies re: e-mail though....

turboman786

OLLIe...YHm and thanks for offerning advice..Il put some more details on here v shortly..cheers!

turboman786

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turboman786

The tenant has been complaining to council etc.. about the flat - he has used legal aid to get an architects report which suggests the property is in a moderate state of disrepair - he is non cooperative and will not allow me to enter or work on his flat. More recently he has taken an injuction out against me saying that I have threatened him with violence. I have served a section 21 notice on him which expires on 5th may 2003. His solicitor advises the Section 21 is defective because no reason is provided.

Building control are aware of the problems with the property and I am awaiting a refurbishment spec from them. Tenant is threatening to sue for compensation due to disrepair?? I think he is just awkward and doesn't want to leave the property. He is not of sound mind and his behaviour is eratic and paranoid.

I just want him out of my property so I can carry on with refurbishment - the property is an old house split into 6 flats and all tenants have been served notice so that we can refurbish.

Please advise

blimey

If its so bad why the hell does he want to stay there?????

red_dog104

Ask on here Landlord Zone. I've used this site loads of times and they are really helpful!