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harmz j | My Tenant has asked me to give her an eviction notice? council pay at the mo...? |
my tenant is having her rent paid by the council. its a first floor flat, she is a 22 old mum (chav) and has just got herself pregnant again and is saying she doesn't want to live upstairs any more, she has spoken to the council, and they have told her she has no choice. but she has asked me to write her an evection notice back dating it to last month as "officially this is her last month on the one year contract" and wants me to give her, her two months notice!
she has told me that if the council doesn't give her anything that I should do a section 21 (not sure what that is) but she seems allot more clued up in this then I do....
what shall I do?
if I do give her eviction notice, will they still pay the rent? and will they ask for a reason? also will they provide me with a new tenant?
Additional Details
she has said she will wreck the house if i dont.... |
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Everyday's the same again...
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they still won't re-house her unless you are prepared to take her to court and get her evicted by a judge. if there's no legal reason for you evicting her she won't be able to get the judge to evict her. Additionally, she wouldn't be classed as priority homeless if it was eviction for rent arrears as she would have made herself intentionally homeless.
sorry, you're stuck with her and she's stuck with you!
just read the answer above - good answer, if you have a shorthold tenncy you can give her notice, but you may end up having to wait for a new tenant with no rent coming in; you will have to advertise for a new one, the council won't assist you in finding a new tenant and she still won't be re-housed that quickly as there are several thousand people on waiting lists and very few properties being released for re-letting.
As hs already been said, don't let her threaten you - she should have purchased some condoms shouldn't she! |
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Bardic
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I'd agree, NO! Don't get yourself involved in anything fraudulent. In fact, I'd tell the council what she's asked you to do. That may earn you a reputation with them as a decent landlord. |
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Morsel
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I suggest that you contact the council and see where you stand - if you agree to her request, you could end up doing something illegal and be in a lot of trouble
Good luck |
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brummietam
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Tell her no... she is just after scamming a council house so the rent is cheaper. Cheeky Chav whore lol |
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trish s
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No,don't do it..All she is after is a bit of queue jumping on the housing list and you probably would have to give a reason................. |
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Kittylips
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you teneant needs to be in at least 8 week of arrears before you can serve an eviction notice and before that you have to apply to the council say that she is in arrears and for the council to make direct payments the section that she refers to is saying that the landlord requires the property back i.e for sale just tell her its her problem the council will not provide you with a new tenant its up to you to advertise reference check etc |
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timfoley2301
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As an ex landlord of some 20 apartment's no doubt she has what called an assured short hold tenancy.
To answer your question you should point blank refuse to serve any notice on her and if you do you may find the council will threaten you with legal action as the rent is being paid by them.
They will not provide you with a new tenant and you may ultimately in cure cost for the council putting her up in more expensive accommodation.
Then you will also be left with the cost of advertising your property with a private agent. The council are unlikely to allow anymore tenants to be paid for by there funding as they will deam you an un ressonable landlord
So you will be the looser "POINT BLANK SAY NO" |
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ManicMajor
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Sounds like she wants the Council to give her a flat on grounds of being pregnant but needs your help by evicting her first and if this happens you will not get the Council giving you a new tenant straight away, neither will the Council pay rent once she has left, as for giving a reason thats all part of filling in any forms needed. Theres so many on the Housing List she won't get a flat straight away unless she gives a really good reason and one is for medical grounds, pregnancy sounds a good one but the Council i think may ask for a reason. She's lucky she has a place at the moment and should thank her lucky stars as so many people are in hostels waiting for a Council flat. I have no pity for people jumping the queue then finding themselves in bother for doing something stupid rather than wait. Tell her that once she has her child she's more likely to get a flat then rather than now, until then to be patient or else she might find herself in a hostel once she has left your premises.Your best bet is to get in touch with the local council and find out first if what you will be doing is legal, beware of scammers and queue jumpers its only going to end up bad for you. Getting a bad name with the council won't be pleasent either. Take care. |
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alta
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UK .... She is doing this to get the council to rehouse her. If you give her notice to vacate (2 months once the year fixed term has ended, using a section 21 notice) she will then take that to the council who will tell her to stay put until a court date.When the 2 months notice ends, you will have to take her to court, this will take 4/8 weeks, and a date for her to leave, the council will tell her to stay put. You will have to apply to the court again and a further date for the bailiff will be given. On this date the council will find the tenant a property. Unless she stops it, the benefit should continue to come to you.
It will cost you to go to court, and if you need a solicitor to serve the correct papers, that will cost also.
You do not have to give a reason for the notice, and they will not provide you with another tenant, you will have to bear the cost of advertising another tenant.
It is not your fault that she lives in a first floor flat, maybe she should have thought about that before she had another child.
Yes you can increase the rent, use the correct form (link below) Section 13.
Do not let her threaten you, as for her saying she will trash the property, do you have a deposit?
If you decide that you want this tenant out, the best thing is to go to CAB, they will help you through the procedure. |
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LILLY J
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she wants a council house. the waiting lists are long so she wants an eviction notice. section 21 is for minimum 8 weeks arears of rent.
her saying she will wreck the house will give you cause to evict her for not keeping the flat to a reasonable standard. you can also keep her bond if she does this. if you do offer her eviction then she will not automatically be housed, if they have nothing available by the date you give, she will be put into a hostel. this happened to my cousin, she had to go into a hostel and it was 4 months before she was housed. I had a 1st floor flat with my children aged 18months and 3, you cope because you have to. |
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Denzle
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Its quite obvious why she wants an eviction notice.....She is after a council house so she can claim everything else off the tax payer...... As for wrecking the house...she will only cause herself and child more hardship as she will still have to live there........On the other hand you could evict her as an unfit tenant with threatening behaviour and look after your own interests first... I don't think they will find you another tenant though...... As for your remark 7 Min's ago.....I don't think for one instance she will do that. It is another way of saying there is not enough room for her.... As for myself I would evict her and possibly get a more reliable and sensible person as a tenant.. |
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femurnailed
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What she is trying to do is to become homeless without being homeless. If you provide a date for impending eviction the council have a duty of care to provide her with adequate housing by the due date and she doesn't have to be on the streets at all. As far as I know this isn't illegal but don't quote me... |
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blackfeatherbird
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In the US, the typical time amount you must give your tenant is 30 days notice prior to give them a proper amount of time upon moving out. For her to suggest that you must write her an eviction notice suggests fraud on your part. If I were in your shoes, I would give her 30 days to move out upon the request that she wants to break the lease (this is not eviction though and shouldn't be suggested as that).
She cannot wreck the house if you don't -- this is a threat and should be treated as such. You can also suggest that if she does that, you can also refuse to give her a "good reference" for her new place in the future. |
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