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limited supplies? not enough houses for people? I just read an article about how expensive it is in the UK, just woundering why?
Additional Details
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I am student in USA enrolled recently to the university and I will stay for about 4 years.
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Scarlatti | Our tenants aren't paying their rent. How can we evict them quickly, cheaply and legally(UK only)? |
Our tenants have been living in a house we own since June 07 and we arranged an assured shorthold tenancy agreement with them which has since expired. In that time they have not managed to either pay the rent on time, or the full amount. They currently owe us about £2.5k (5 month's rent). We made arrangements with them to pay an increased amount weekly so they would be free from arrears by March. They have now defaulted on the last two payments and we have finally had enough. We just want them out. How can we do it quickly and pleasantly and most importantly, legally? And is it appropriate to give them a call and just say, 'We'd like you to leave within the next two weeks'? |
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on thin ice
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Unfortunately there is no quick quaranteed way and whatever you do tread very carefully as the penalties imposed on a landlord are enormous and out of all proportion.
As it was an assured shorthold tenancy which has run its term and they are now staying on at will you do not need to give any reason, that is the principle behind assured shortholds. You give them notice and theoretically they comply and move out.
However from what you say that is not going to happen, you've shown them that you are the sort who is a soft touch and can be pushed around a bit by the fact they have big arrears of rent.
I predict that what will happen is that even if you were to serve the notice correctly they will stay on .. why .. because no one else will grant them a private tenancy knowing they don't pay and the local council will only house people who have not made themselves intentionally homeless. Losing your home and bening evicted due to not paying the rent will put them at the bottom of the council housing pile if they even get on to it and be treated as their own fault. Most councils will try to make such tenants prove they are 'reformed' by waiting say 12 months during which time the tenants are expected to house them selves and pay rent so the circle goes round and round.
After you have served your quit notice and they don't go you have to seek an eviction notice which involves serving copy documents with the county court as well. Then if need be you get the bailiffs in. You can not and must not in any ciurcumastances force them out yourself.
So best thing is to bite the bullet, consult either a professional letting agency - some of them are very good and will take action properly on your behalf or consult a solicitor. Either will have professional insurance if they get it wrong - you can't afford to get it wrong yourself. Take out a county court summons for the arrears - you might get lucky but it's so easy or tenants to declare themselves bankrupt. Remember its all tax deductable from your self assessment forms.
Save your breath on pleasantries .. you'll just get strung along more and for longer.
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Happy Murcia
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Your legal rights as a landlord after the 6 months tenancy is a 30 day /months notice each way,,if you give them 1 months notice you are legally covered,,you have to give NO reason just a date,copy the letter and deposit it in the bank/solicitor/accountant,keep the deposit and refuse to give them a reference
You could claim the money through the small claims courts but it will initially cost you and there is no gaurantee you will get your money |
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B0uncingMoonman@aol.com
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You have had good advice already to your question, but I do sympathise with you as I had the same problem.
It is a long drawn out process to get bad tenants out legally, and you might never get your money arrears in the end.
You do need to `stay polite` tho...as if you get stroppy some tenants will eventually leave but trash your house before they go.
The law (as usual) is loaded in favour of the `poor` tenant and against the evil exploitative landlord. |
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durulz2000
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It's not easy.
Have a look at the tenancy agreement - how much notice must you give them for eviction? Presumably a month (since the rent is paid monthly?)
If so, give them a month's notice to get out. That's what you're legally obliged to do.
OK, so you may lose another month's rent - but best to cut your loses and get them out rather than drag it out. Do you have a lawyer? If so, seek their advice and see about prosecuting them for defaulting on payments. Presumably you know the tenants; so what you have to ask yourself is, do they have the means of paying you? If they have no money then there's no point in taking them to court since they have no means of paying you. Oh yes, they court will almost certainly find against them, then the COURT will pay you the money and the ex-tenants will have to pay the court (probably a pittance) a sum back each month.
To save yoourself all the hassle it may be best to just give them a month's notice, get rid of them, and move on with new tenants.
Presumably you took a month's rent as down-payment at the beginning of the tenancy? If so, you are legally allowed to keep that since the tenants owe you the money. That's at least one month's overdue rent you can regain easily enough. |
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leambi
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Unfortunately there isn't a quick or easy way to do this, you can get advice from your local government website, they should also have the correct forms you need to fill in to do it the legal way. |
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stanthemansmum
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You have to go through the court system to evict your tennants. If they are going to need council help to get rehoused, they will be told to stay until you have a bailiff's warrent. If you want to get them out, start now by issuing the notice to quit (make sure you have worded it correctly) and when they don't leave following that, you will have to take court action. You are looking at at least 3 months!
Did you take a deposit from them? I hope for your sake you put it into a government approved scheme, if not, you can still get them out for being two months behind with the rent but if they are less than this, this is not gauranteed. By law, your tennants can claim back three times the original deposit - which the judge will give them and they would use to pay the back rent so you will still be out of pocket. When they go to get advice, they will be told this so it is worth checking up on. |
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Heisenberg
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you need to act quick, the counsel will have this info. wait too long and they'll claim squatters rights |
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oliprofessor
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take them to small-claims court pronto, simultaneously serve them an eviction notice ASAP for breach of contract.
if you evict them, they are still liable for the rent they failed to pay; the stages of claiming that are firstly small claims court, if they fail to pay that, you then apply for a bank arrestment. |
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Jennifer S
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Offer them cash to leave... Most of the time a month and a half rent does it and they won't trash the place when they do leave. |
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fivetoze
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forget it, you have a whole rigmarole to go thru. theyre sitting tennants, and cannot be evicted in ten minutes, two weeks or even a month...
see your solicitor... or youll get nicked... landlords cant do as they please... theres strict laws regarding your behaviour and conduct...
and its your own fault... you let it progress...you got greedy and they took you...
my next door neighboour has exactly the same problem, bought a new house, rented the old one out... and they did a runner, trashing the house and leaving about 5k of bills unpaid...
theyre very unhappy, but cant do anything about it... |
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Daniel D
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Talk to the estate agent to start procedings for eviction. |
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ross kempanator
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threaten them with a shotgun. |
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