URGENT - need to evict tenant ASAP
17 April 2003, 12:27 PM
#1
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Hi,
Got a tenant in our rented flat under 6 month short assured tenancy. He is now a month late with his rent, so can serve eviction notice - however, it seems he is allowed up to 2 weeks to stay there after eviction is served to allow him to find somewhere else......
The guy is a compulsive liar, has debts running into tens of thousands, has kicked our flat's front door in, has 2 BIG crossbows in the flat (are these illegal?), and I doubt he's gonna pay us......
Is there a quicker way of getting him out legally?????
Seems unfair on me that flat is at risk with dodgy tenant in?
..and I don't know any hardmen in Edinburgh!!!
Got a tenant in our rented flat under 6 month short assured tenancy. He is now a month late with his rent, so can serve eviction notice - however, it seems he is allowed up to 2 weeks to stay there after eviction is served to allow him to find somewhere else......
The guy is a compulsive liar, has debts running into tens of thousands, has kicked our flat's front door in, has 2 BIG crossbows in the flat (are these illegal?), and I doubt he's gonna pay us......
Is there a quicker way of getting him out legally?????
Seems unfair on me that flat is at risk with dodgy tenant in?
..and I don't know any hardmen in Edinburgh!!!
17 April 2003, 12:39 PM
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Contact a solicitor and start legal proceedings ASAP. Don't have any direct contact with him and let the law take it's course. It's frustrating but this is the best way to deal with it.
The sooner that you file the eviction notice the sooner he is out. Keep his deposit to cover cost and damage and never give the ****** a reference.
Good luck.
The sooner that you file the eviction notice the sooner he is out. Keep his deposit to cover cost and damage and never give the ****** a reference.
Good luck.
17 April 2003, 12:45 PM
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sue him and blacken his credit record further.......next time don't take a tenant you haven't credit checked. Or if you want security use a member of Arla (association of rental letting agents) or the equivalent scottish body. These assciations offer to pay any shortfall in rent you maybe experiencing. I rent out a house privately (to the council) and I do the others through a letting agent for security. It may seem steep paying 12.5% to an agent but it removes all the hassle and insecurity.
17 April 2003, 12:57 PM
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ok look friend of mine's a landlord got a few properties he's rented out etc etc
had a few dodgy tennants who needed 'removing'...assuming he goes out???.....either yourself or a plumber go in remove the toilet and basin (it's obviously less messy than using a sledgehammer unless time is short) and then the property is classed as unfit for habitation
He'll have to leave then....
had a few dodgy tennants who needed 'removing'...assuming he goes out???.....either yourself or a plumber go in remove the toilet and basin (it's obviously less messy than using a sledgehammer unless time is short) and then the property is classed as unfit for habitation
He'll have to leave then....
17 April 2003, 01:00 PM
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can't do toilet thing :
9. It is a criminal offence for anyone to evict a tenant without a court order or to try to make him leave by intimidation, violence, withholding services such as gas or electricity or any other sort of interference. It is not a defence for a landlord to say he did not intend his actions to harass the tenant or force him to leave. An offence will still have occurred if he should reasonably have known that his actions would be taken to be harassment by the tenant. A landlord found guilty of illegal eviction may be liable to pay damages to the evicted tenant; and the level of damages awarded will be based on the financial benefit to the landlord from having a house with vacant possession instead of a sitting tenant.
9. It is a criminal offence for anyone to evict a tenant without a court order or to try to make him leave by intimidation, violence, withholding services such as gas or electricity or any other sort of interference. It is not a defence for a landlord to say he did not intend his actions to harass the tenant or force him to leave. An offence will still have occurred if he should reasonably have known that his actions would be taken to be harassment by the tenant. A landlord found guilty of illegal eviction may be liable to pay damages to the evicted tenant; and the level of damages awarded will be based on the financial benefit to the landlord from having a house with vacant possession instead of a sitting tenant.
17 April 2003, 01:02 PM
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and I don't know any hardmen in Edinburgh!!
I know the hardest man in Edinburgh I'd recommend the proper legal channels first but if you get really stuck I could put you in touch with someone that will remove the tennant no problem at all - probably won't need to lay a finger on him either
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17 April 2003, 01:18 PM
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are the cars taxed?
is the landrover in good nick...if so impound it
seems to be you are a 'proper' bloke and don't want to do anything illegal....this is fine but you pay the price in having the tennant **** you about
You could also ring the law and say there is suspected drug dealing going on in the flat....I'm sure if there was a raid you could be within your rights to want rid of him ASAP
is the landrover in good nick...if so impound it
seems to be you are a 'proper' bloke and don't want to do anything illegal....this is fine but you pay the price in having the tennant **** you about
You could also ring the law and say there is suspected drug dealing going on in the flat....I'm sure if there was a raid you could be within your rights to want rid of him ASAP
17 April 2003, 01:24 PM
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Nope - can't do him on illegal activites either - std 2 week notice only applies.....has to be CONVICTED of it too!!!
6.7 Ground 15 is that the tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted of immoral or illegal use of the premises.
The LAW protects the tenant too much - I have done NOTHING wrong, yet I have no rights and am now out of pocket.......
6.7 Ground 15 is that the tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted of immoral or illegal use of the premises.
The LAW protects the tenant too much - I have done NOTHING wrong, yet I have no rights and am now out of pocket.......
17 April 2003, 06:46 PM
#16
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I have properties i rent out too.
Just thi slast month i have had a tennet do a runner on me.. owing TWO months rent.
He told me after Xmas he lost his job... so would go on benefit, he ask if that was ok. I said as long as the rents paid!!
he benifit didn't come in time and as he'd been in 18months and paid on the dot each time.. i waited. Every other week i spoke to him and he said it was coming.
I dodn't turn him away as i thought it would be beeter let him be there and get the rent in the end.. than get him out and spend time re decorating (my trade anyway).. then time advertizing again.
at the end of Feb he said the CHEQUE was coming the following week. I said i'd call him and pop round.
The week passed and i couldn't get hold of him (mobile was not in use anymore) went round.. no one there... left a note to say get in touch.. i'll call tommorrow.
Next day came.. no sign of him. SO entered the flat as he's had 24 hr notice!!
Flat Cleared out of all his STUFF.... the earilest post he had was 28th Jan!!! So he'd not been there since then! it was now the end of Feb!
So two months rent down.. I have his deposit! But the state the flat was left in... the cleanng costs covered the deposit!!
Two FULL weekends cleaning and re dorating later.... LIKE NEW AGAIN!!
Last weekend (11th April) a new tennent moved in
Morral to the story...
Play it legaly and get him out ASAP... the law will be on your side! cut your losses and make sure you 'vet' the next one better.
Its a learning curve.. and you won't let it happen to youself again!
I won't anyway!!!! lol
Phil
Just thi slast month i have had a tennet do a runner on me.. owing TWO months rent.
He told me after Xmas he lost his job... so would go on benefit, he ask if that was ok. I said as long as the rents paid!!
he benifit didn't come in time and as he'd been in 18months and paid on the dot each time.. i waited. Every other week i spoke to him and he said it was coming.
I dodn't turn him away as i thought it would be beeter let him be there and get the rent in the end.. than get him out and spend time re decorating (my trade anyway).. then time advertizing again.
at the end of Feb he said the CHEQUE was coming the following week. I said i'd call him and pop round.
The week passed and i couldn't get hold of him (mobile was not in use anymore) went round.. no one there... left a note to say get in touch.. i'll call tommorrow.
Next day came.. no sign of him. SO entered the flat as he's had 24 hr notice!!
Flat Cleared out of all his STUFF.... the earilest post he had was 28th Jan!!! So he'd not been there since then! it was now the end of Feb!
So two months rent down.. I have his deposit! But the state the flat was left in... the cleanng costs covered the deposit!!
Two FULL weekends cleaning and re dorating later.... LIKE NEW AGAIN!!
Last weekend (11th April) a new tennent moved in
Morral to the story...
Play it legaly and get him out ASAP... the law will be on your side! cut your losses and make sure you 'vet' the next one better.
Its a learning curve.. and you won't let it happen to youself again!
I won't anyway!!!! lol
Phil
17 April 2003, 08:38 PM
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Will he wreck the place........ Concrete down the loo. Mole grips used to crimp all the pipe work. Electrics all cut to shreds etc etc etc. Its better and quicker to kick him out and let him know what will will happen if he goes "Legal"
17 April 2003, 09:15 PM
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Playing things legally, send a letter with WITHOUT PREJUDICE written on the top, stating his overdue rent and all the facts as you see it.
Then give him the 2 weeks notice or whatever in the letter. That way you've covered your back.
Then give him the 2 weeks notice or whatever in the letter. That way you've covered your back.
18 April 2003, 09:11 AM
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had the same problem, lady with kids and dog, dog which was agreed that it wasn't allowed to stay as its a shop downstairs, didn't pay for months, compulsive liar and in the end she told us to go to court and get a thing to prove she had no where to stay so she could get a council flat, so more forking out of our own pocket.
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