paul w

Got to evict a tenant,have filled in the section 8 possesion form,does anyone know what i need with this,do i write to her telling her the score terminating her agreement and do i include a notice to quit,it seems there is a correct procedure for it but i cant find a clear answer anyware.

Thanks for any advice.

Poor Guy

http://www.landlordlaw.co.uk/pagedet...=1396&page=non

paul w

Seen all that,cheers,
Does'nt answer my question need someone who has been through the process.

Account deleted by request

Yes you need to give her notice to quit, if she is on 6/12 month AST (assured shorthold tenancy) then you confirm in writing

1. Your giving her notice
2. It will be 2 month notice because you are the landlord
3. The notice begins on the date she signed her agreement (ie if she signed on the 12th of the month the notice doesn't start until the 12th of March)
4. Most important send it recorded delivery so you can prove that the tenant definately recieved the notice.

HTH

chop

stilover

My Uncle and 2 cousins own a Property company. There solution to evicting a tenent that does'nt want to move is simple.
One of them calls round one day and tells the (Bad) tenent that at 8am tje next morning, a skip will turn up, followed by himself and 5 or six of his lads he has working for them. They WILL break the door down. They WILL chuck them out on the street, and they WILL stick all there posessions in the skip. Most leave that night, or first thing in the morning. Those that call his bluff, get chucked out on the street............ with a bump.

Account deleted by request

Nothing clever about that i'm afraid

do it to the wrong tenant that knows a thing or to and the company could get into all sorts of trouble.

Plus the worries of tenants comeing back and damaging the property.

chop

MikeCardiff

iTrader: (2)

Bet they're a bundle of laughs to have as landlords. Has nobody ever pointed out that what they're doing is completely illegal ?

jasey

Did this years ago.

Your in for a long wait. Took just over 11 months to get my tenant out. So long as they keep paying their rent the law is on their side .

Steve PPP

It may well be illegal, but I have a lot of sympathy for him. The law has gone too far in protecting the tenant.

We have a small flat above our office. A previous tenant did not pay any rent after the 1st month. Several demands later we applied for an eviction order. The judge granted the order, and in view of the tenant's obvious non-intention to pay rent, gave them 1 month to consider the order!
When the month was up ( no rent-no surprise) the court bailiff was appointed to evict them. He was on holiday and had jobs stacked up so took a month to go and see them. He discussed the order with them, then told them he would be back in a month "to give them time to come up with the rent"
When I politely informed him it was not his job to give them more time, that was up to a judge, he went back and told them he would evict them in 1 week!
The day before eviction ( a Sunday) they did a flit, smashed up the flat, stole all the appliances and left all the doors and windows open with the lights on!

So, we did it the legal way. They got over 6 months use of a flat with no rent, rates, elec, etc, and did over £2,000 damage.

That's what you get for following the letter of the law.

Steve W

MikeCardiff

iTrader: (2)

Agree it can be annoying, but had you gone round and verbally threatened them, then physically kicked them out and thrown their property in a skip it would have ended up being a lot worse for you ( and probably cost you a lot more than the lost rent ).

Hassle like this is one of the benefits of getting a letting agent to handle it all - fair enough you have to pay them a percentage of the rent, but then you dont need to worry so much about nutters.

Depends on the sort of property you let as well - if you are letting family homes to families in a decent area you're much less likely to get problems than if you have a load od scabby bedsits in a crap area.

Brit_in_Japan

I agree with MikeCardiff, you can lay yourself open to a claim of massive proportions if you illegally evict someone from a property. Anyone who finds themselves in that position need only consult a solicitor and they'd be laughing.

Years ago I was a tenant in a property with 3 mates. Just one month after signing a new assured 6 month tenancy agreement we were told we had one months' notice to get out. This was not because we had done anything wrong, simply the landlord wished to sell and had found a buyer.

One of my housemates was a solicitor and knew damn well they couldn't force us out. We half hoped they would try to throw us out as would would have had a huge settlement in our favour, enough for each of us to buy new cars with some to spare. In the end he negotiated a settlement with the owner on our behalf. In return for signing a surrender agreement we had the last months' rent for nothing and 250 quid each in our pockets.

There are bad tenants and bad landlords. I have rented in the past and I am currently renting out my property, so I can see it from both sides. Touch wood, I've never had bad experiences in either case. I've got lots of insurance should I need to evict someone, but I obviously hope it never comes to that.

Just being nosey paul w, why do you have to evict your tenant?

paul w

Cheers for replies,i will be doing it the legal way as i dont fancy being in court for illegal eviction.

She is being evicted because she does not pay me any rent and will not provide the council with the imformation they require and is an ignorant cow as well.

Chopper, she is over 2 months in arrears so i only have to give her 2 weeks notice under the section 8 rule of her periodic tenancy agreement,is the rest the same do you know?

Do i fill out the notice to quit form and also put it in writing.

Cheers Paul

Account deleted by request

Section 8 is a little complicated, iirc everything is the same, you give the 2 weeks notice in writing then send recorded delivery

Then its the dreaded wait and see if they leave...

good luck either way

chop