salsa-king

hows the best way to get a tennent out a property.

one month down on rent so far... should have been paid 29th Dec... next months (JANUARY) is due a week on saturday.
It looks like she won't have 'This' months and next week i can hardly see her having that as well.

so how do i go about giveing them notice to leave......... without throwing every thing in the street and changing the locks.


Phil

Stueyb

talk to a solicitor perhaps, because throwing her out makes you wide open for all sorts of legal probs

MJW

Get someone in to do it for you :

http://www.landlordaction.co.uk/

(I can't vouch for the above firm, I just googled it)

Or you could get your own solicitor to sort a snotty letter out, depends how much he charges really.
Landlord's Distress Warrant usually does the trick with our (commercial) tenants who don't pay.
And next time you let, get them to do a standing order mandate, saves loads of faff.

misty

Send the boys round mate
dave

imlach

You have no legal right to chuck her out even if she is behind with rent.
Presumably it is a SAT (Short assured tenancy). This runs for a minimum of 6 months.

If you chuck her out, she can get you into trouble and you could technically be arrested and charged. It know that sounds unfair, but that's how the law is.

If she persists in not paying, you have to go to court to get her out. This can take days or weeks.

The law is more on her side, not yours. That's how it is

Bubba po

I thought this was going to be about Neil Tennant. Cos you could just play his own records at him through the letterbox. Job done.

imlach

Also, if it is a SAT, you can ask her to leave early (ie, before the 6 months is up), but she doesn't have to, even if not paying rent....

As I said, the law is on her side more, and if she's a professional at this scam (there are lots about!), you're fooked!

Deep Singh

Not very accurate I'm afraid. Its actually called an AST ie Assured Short term Tenancy and not SAT! You DO NOT have to see out the full 6 months if the tenant goes a certain amount into arrears,you can serve a reposession order. I did once and the courts acted quickly. The exact period of arrears I c'ant remember as its been some time since I've been in that position.
The best way to get some free advice is ring up a large lettings agency in your area and say you are thinking of giving them your property to rent what happens if their tenant does'nt pay the rent.
Though the AST is not perfect it does not allow for the landlord to be screwed over. You may end up losing a few months rent but thats always a risk being a landlord.
Hurry up get the advice and then serve your reposession order.

Imlach,I d'ont mean to offend but I think its dangerous to offer advice on things it seems you know little about.

julian N/W wrx my93

ask her to pay in kind............

imlach

A landlord can technically be held to the full 6 months of a AST (sorry, got the term wrong!) if a judge decides NOT to serve a reposession order. This is CERTAINLY the case if your tenant has nowhere else to go, or can prove they would be on the street should they be chucked out. What I meant by my statement (not very well worder I admit) is that the landlord isn't the one who decides where & when & IF the tenant can be served a repo order. The judge does. There are many reasons why a landlord THINKS he can serve a repo order, which a judge may not agree with.

PS I think losing a few months rent AND the tenant remaining in occupation doing who knows what damage to the property while a repo order is served IS getting screwed over!

PS DeepSingh - I know quite a bit about it having evicted someone previously Of course, could be differences between Scots & English law.

imlach

Hey, DeepSingh - knew I was correct - it's a Short Assured Tenancy in Scotland so I was correct.....hehe.

Don't mean to offend, but I think its dangerous to offer advice on things it seems you know little about (sorry, couldn't resist!).

salsa-king

heer Tennency aggrement is well over the 6months now anyway... so it then goes from month to month till it is re newed.
I've told her she wouldn;t get a new 6months till her rent is paid up in full.. then i would get her on another 6months term.

I went down with a hand written note this eveing to 'scare' her that i will get my solicitor involved as shes not paying her rent.
also she is in breach of the contract as the contract said no pets!! theres a cat there now!!

her **** of a bloke grabbed the letter from me and said i'm not bother if you evicted us!! lol
i replied back by saying.. that your trouble.. your not bothered! lol

think i'll hav a word with my solicitor tomorrow and see whats best.

Floyd

iTrader: (9)

Look at the sponsors links! Ooopps, just re read them and they change. It did advertise companies that specialise in evictions.

F

Deep Singh

Yes but Imlach,Salsa King does'nt live in Scotland so you are wrong wrong wrong!!!(LOL)
I take your point,but the AST directs the judge to serve a repo order if terms of the contract are broken. Whether the tenant has anywhere to go or not is neither here or there.
What I'm trying to say is that if the tenant does'nt pay up SK does have the right to ask the judge to give a repo order and in my experience thsi will be granted. Being in arrears is a breach of this contract.
ps its dangerous to give advice about the law in a country in which you d'ont live.LOL

salsa-king

just spoke to my solictor 5mins ago... she said if she's late with the rent you can get a FAST FRACK eviction... this gets handled by the solicitor and a Judge... could get her out within days.... going on previous experiance of FAST TRACKS


Scotland... who wants to live there..... it always rains lol
Phil

jjones

chap at work had this.

tennant lost job and couldn't pay up. dss advise him to stay put. has to go to court. costs money up front. took him 4 months to get him out.

John Catlin

Only one way, heavey gang, end of story.

Bluie

Just been through this myself with a Tennant. We had to wait until we were 2 complete months without rent before we could apply for repossession it then took 6 weeks for court date. You can do it before the 2 months, however the order is then down to the discretion of the Judge which we did not wish to chance.

The law protects the tennant more than the landlord, they do not care even if you have to continue to pay the mortgage.

Would suggest that in future you take out the LetSure insurance as not only are the rents insured but also they handle everything if there is default.

Hope you get it sorted soon as I know it's a real pain. Does make you think twice about being a Landlord.

Cheers

Nick

salsa-king

i have had 9 good yrs with this property tho... so first real problem.


I'll wait and see what happens... feel better i spoke to my solicitor.... things look better than i first thought.

you could go in havey handed in to remove them.... it then comes down to will the tenant take it further.

imlach

DeepSingh - I think the evidence of others on here backs up my interpretation & actual practice of the law (be it England OR Scotland!)

Breaking ANY of the terms of the contract does not guarantee that a court/judge will serve a repo order. Read up on this, and you will find that to be the case, no matter what your contract says.

penfold118

Hi Salsa king is the house in the notts area ? just askin as me and the missus are lookin at places at the moment...

You might be able to help me out:-), i have already been dragged around far to many letting agents...!!!

Oh and more to the point i hope you get them out

Deep Singh

Hiya. As SK has said after his chat with the solicitor after two months of rent arrears he can apply for an eviction order. This is usually granted in 4-6 weeks hence total rent lost approx 3 months. EXACTLY what I said!!
With a judge NOTHING is guaranteed but this is what usually happens and is my experience.
Anyway,lets not argue the most important thing is SK gets his problem sorted and we d'ont hijack the thread.
ps 3 months lost rent after 9 years is good going
pps I'm hoping SK might forget about my unfortunate Scoobyball comments!

fast bloke

erm - two months plus 6 weeks plus notice is more then three months. Usually takes around 6 months over here (and we are goverened by English law)

best advice is to make sure your insurance is up to date and then torch the house. Ideally make sure they have no insurance before you do so.



(oops - finger slipped - I didn't mean to type that....)
Pay a top rate solicitor. I have had (I mean served) two evictions - One guy took best part of a year and charged me £195.00. They other guy advised me that he would charge me £500.00 per hour, but that it would usually sorted in 2-3 hours of his time. In court within a week and eviction notice served in another 3 days - clients had 90 days arrears before i spoke to him, so no probs with the 2 months rule. Overall I probably broke evenwith the second guy being quick and expensive, but it was a load less stress

Nick98

Just done this myself (using my solicitor though) Costs were £150 for court order and £250 + vat for solicitors time. The problem though is also how long the process takes as there are some unknowns like Court recation time, judge availability etc. Mine was pretty smooth but took over 3 months from start to finish - and that was once the solicitor got involved

good luck

Nick

p.s. if you go down this route make sure your solicitor sees, or preferably writes, the eviction notice. I was a bit naive when mine started and served it myself, however I had used the word 'on' in the letter instead of 'after' and as a result it wouldn't have got through the Courts. Thus it had to be re-served and the two month notice period starts again!!

Deep Singh

Hold on a minute. In your own words: Need two months arrears,in court within a week, and eviction notice served in 3 days. Notice gives tenant maximum one month to leave. So in total thats 3 months and 10 days!! And I said about total 3 months is that soooo far out??
ps my solicitor did it for £250 in the same time scale,you've been overcharged.I suppose I've given him tens of thousands of pounds of business over the years so that might be why!!

Have a good weekend all.

Deep Singh

Looking back at my previous post what I meant to say was 2 months arrears and 4-6 weeks to eviction ie couple of weeks(max) for decision which then gives the tenant 4 weeks to go,so approx 3 months. THIS IS WHAT I'VE BEEN TRYING TO SAY FROM THE BEGINNING. People were trying to imply that the 6 months AST would have to be honoured if the tenant had no where to live despite the fact he was 2 months in arrears. This is not true as many others have confirmed.
Anyway good luckto SK with his repo!

fast bloke

Who said the 6 month AST would need to be honoured to the end - I can't find that post. Also - it is two months notice from the eviction order being served. You can't boot the door down and serve it - you need to 'find' them. So - MINIMUM of 4 months (2 months arrears and 2 month eviction notice)- average of 6 by the time you allow for hearings etc

imlach

I can't speak for England, but in theory in Scotland, the judge could decide that as the tenant has no other suitable accomodation to move to, he may decide NOT to serve a repo order. Hence your tenant can continue in residence to the end of the 6 month Short Assured Tenancy.

This seems to happen more often with DSS tenants.

Deep Singh

[QUOTE=imlach]A landlord can technically be held to the full 6 months of a AST (sorry, got the term wrong!) if a judge decides NOT to serve a reposession order.

Fast bloke is this the quote you could'nt find?

I still agree that a judge can technically do ANYTHING,but USUALLY if the tenant is in arrears he WILL grant the repo. Thats the whole point of the AST.
I once evicted a DSS tenant who claimed she had no where to go and the judge granted the repo no probs.
Also hopefully SK will have a months deposit in advance so should total about 3 months lost rent.
Without being pedantic,my point was that I felt it inaccurate to advice SK that there was not much he could do and he may well have to see out the whole 6 months. I felt that was unlikley if he cracked on and took advice and served the repo. 6 months could actually be 3(ok or 4) months which is quite a big difference.

ps I'm not a solicitor but I thought that the repo order gives the tenant 1 not 2 months to leave

gsm1

Surely if the DSS advised that then wouldn't they be coughing up the rent as well?