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COCHYN | Urgent landlord advice needed please? |
Hi
A tenant moved into my house over a month ago. The tenant gave us a mobile number which she either has off or does not answer. It took us two weeks for her to ring us back before when we wanted to show her the bond scheme paperwork. The rent was due on Friday and she won't answer the phone. W e called around 5 times yesterday. W e knew she was in as each time the blinds had moved etc. Late last night there was a TV light from her bedroom. None of the neighbours have seen her. Our key won't work in the front door- she may have changed the lock. She is on benefits- and now the council pay her directly as per the new regulations. We are not going to let her live in my house rent free. Any advice please? |
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BoroMam
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I would agree with contacting the Citizens Advice Bureau, but I think the eviction process is quite a lengthy one and if the rent is only a few days overdue I wouldn't expect you have eviction rights yet.
http://www.adviceguide.org.uk/ is the CAB site |
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youareneurotic
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I hope you didn't sign a lease with her. It is much easier to evict someone without a lease. Here's what I did once to a family of deadbeat tenants. I simply moved in with them! Yep! Me and three of my friends were like Goldilox. The deadbeat family had gone away for the weekend. When they returned, they found the four of us watching their (rented) TV on their (returned) sofa eating ice cream bars from their freezer. "You can't do this! You have to take us to court!" the knowing father said, since he had done this so many times before. They called the police on us. They got the right to stay, but in the end, we had caused such a ruckus with them that they packed and were gone to find a new victim within three days. My approach saved me thousands in legal fees and a lot of time. |
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Jithbadu
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The easiest way to deal with this is to contact the council, they pay her a allowance for rent, if you can confirm that it isn't going on rent (as you easily can) then they will deny her this allowance. hit her where it hurts, in her wallet.
they may also help you contact her.
aside from that you then have the annoying process associated with forced eviction.. ufortunatly.. it is a civil matter so you cant just call the police. you have to treat the situation ike you have a squatter.. and in the UK there is a mess of law around that area. contact your solicitor
Talk to your local Citizens Advice Bureau, they are an underrated service and will give you the latest info on the processes involved.
(or if you want to fight dirty.... stake out the house, wait till she leaves and you KNOW the house is empty. Then force the door, and change the locks.... NB. this should only be atempted after all paper work has been filed.. this is totally illegal if she is your tenent (and she still is regardless if she has paid or not untill she has totaly voided the contract)
good luck |
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alta
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Why would you try the key in the door? If it had fitted and you had gone in, you would be breaking the law. Also be very careful, about constantly ringing her, and going round, this could be seen as harassment.
I know this seems unfair, but that's how things go when you become a landlord. The tenant, knows her rights by the sound of it. She is only a few days late with her rent, but it does sound as if she is going to try for a rent free tenancy.
You have not used an agent by the sounds of it, so will have to be aware of the rules and regulations of giving her notice.
Did you take references? If she is on benefits did you take a gaurantor?
I think a trip ti the CAB would help you. |
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kate
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The council will let you know if the housing benefit has been sorted out yet. It probably hasn't as it's only been a month. Maybe there is a reason she's on benefits ie mental health problem? It could be she's feeling pressured by you. Phone her and ask/leave a message about the rent.
By the sound of it you're being very mean to this person... but I don't know the full story so could be wrong. |
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alan v
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Hi I work for benefits, yes under new regulations the money is paid to the tenant, but some of the old rules do still apply, you can have the money send directly to you if the tenant isn't paying the rent, the only downfall to this is that your tenant has to be at least 8 weeks in arrears before you can do this, or they will do it if it is in the tenants best interest.
Contact your local council and tell them you will evict her if you don't get any rent, then they should make payments to you. |
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Empress
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Put a letter through her front door giving her 48 hours to respond.
Then call your local police station directly (not 999) and explain the situation - she needs to be evicted. |
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estielmo
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If in the US I would advise for someone who is late with their rent it is best to get ahead of the problem immediately. You can always back off later, but you have to show strength from the start.
The day after your grace period (if you have one) you should issue A Three Day Notice to Pay or Quit. After 3 days you issue a Thirty Day Notice to Vacate and go to the coutrhouse to find out how to take the tenant to court and file the paperwork as soon as allowed.
At any time during this process you can rescind the case if the tenant catches-up, including the court costs. I have found that many tenants are so shocked that you'd actually do this that many are never late again. |
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Gleeba
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I would visit a solicitor and get things put down on paper and see what advice they can give you |
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