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My Sister has tenants who have stopped paying rent, they started renting late last year, they claimed to be a working couple with four children (more below), all was good for the first few months but they haven’t paid anything for approximately four months now and the contract runs out on Wednesday, my question is can she evict them on Wednesday? Or will she need to get an order, as they are saying they won’t leave.
Some more details on the tenants, they are an Eastern European (Cheq) couple with seven children but they have another three men and two women also living with them so a total of 14 people in a 2/3 bedroom house, they claim not to be receiving benefits but we can’t be sure, when they first fell behind on the rent my brother in law even offered to take them to the benefits agency and help them with getting the right advice regarding benefits etc as their English is very poor, but they totally ignored him.
They have also been reported to the police by some neighbours as they have taken money from an OAP neighbour next door and have been harassing her for more,and also reported by another neighbour across the road as they have bought things on her tab with local shops.
Some advice would be helpful as I recall someone on here is an expert, or pointers on where to get advice.
Thanks
Get real advice please.
She can serve notice to quit but its probably 2 months but depends on contract. If they don't go she has to get a possession order from a court. then evict.
Might be able to do it quicker as they are in breach of the contract but i doubt it.
Advise given to me on dealing with arrears;
[i]1 day late - Polite phone reminder
3 days late - As above
7 days late - A polite reminder letter
14 days late - A letter threatening eviction and court action
21 days late - A letter giving 7 days to pay and post dated eviction notice
28 days late - Hand deliver eviction notice
29+ days - Start court eviction proceedings[/i]
If they are under contract it is null and void because they have not kept to their side of the contract so there for have no right to stay in the property. But you have to give them fair warning building up to an eviction notice.
If they refuse to leave you need to get a [url= http://www.landlordzone.co.uk/rent_arrears_evictions.htm ]possesion order[/url] to get them out legally.
You might find they disappear as soon as you start the letter writing, be prepared to find the property in a right state.
You've been nice to them and they took advantage of you. Take the gloves off.
Your sister needs a solicitor, it'll save a whole heap of trouble, and necessary expense.
i would be very careful at believing everything on landlordzone btw
In my experience as soon as you stop becoming the path of least resistance they move on to mug someone else off. Gloves off stop playing ball they wont respect the official way of doing it.
This situation calls for bombers...
i would be very careful at believing everything on landlordzone btw
Fair comment; It was meant as "further reading" rather than hard fact.
+1 solicitor.
This might seem like I'm stating the obvious after the event but I'm trying to be helpful. I'm future vet tennents with 2 references and contact thier employer asking thier wages, my girlfriend has apartments she let's and genuine people don't seem to mind divulging this information. We rent ourselves and have had to have wages and credit checks.
I would certainly get a solicitor and get them evicted via the quickest possible route. I hope it works out for your sister.
This situation calls for bombers...
And should a non-regular read this and be alarmed, don't worry, it's just a model of fork.
from experience of tenants with poor payment history until eventually no payments are forthcoming, do the following:
1) get solicitor
2) serve notice to them and also apply for a possession order through the court
3) wait
4) wait some more
5) and some more
6) hire a cleaning firm, you won't want to go in there yourself at first, especially if there really are that many people in there. Even worse if they have dogs
Thanks for all the advice chaps, Yep re solicitor, that's the first thing I said, but she's hoping they will move out if she turns up with her husband and a few of his mates and a locksmith.
They are not going to get physical, they are planning on changing the locks on entry and helping them move out without any violence I should add, according to their ex agent they can only get done for harassment by the police if the tenants kick up a fuss, the thing is the mortgage is in arrears and she needs to move into the house herself, so she’s not thinking rationally.
+Be very careful doing that - forcing the tenets out can get you into big trouble
Do not change the locks, your sister could end up in big trouble with the law, we are talking imprisonment!
but she's hoping they will move out if she turns up with her husband and a few of his mates and a locksmith.They are not going to get physical, they are planning on changing the locks on entry and helping them move out without any violence I should add, according to their ex agent they can only get done for harassment by the police if the tenants kick up a fuss, the thing is the mortgage is in arrears and she needs to move into the house herself, so she’s not thinking rationally.
There is a prison sentence coming somones way if they do that, tenants may well leave quietly and then complain a few days later. If she needs to move back in then I think that can speed the legal process up. [b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b][b]SOLICITIOR[/b]
You need Sherrif Fat Man.
Just turning up and changing the locks could end up with your sister in prison, and/or a huge fine.
tell your sister to read this page
http://www.legislation.gov.uk/ukpga/1977/43
hth
As above, this is well into legal territory now and you need to instruct a solicitor sharpish. If she needs the house for herself, it is worth the solicitor knowing if she has ever lived in the house herself. This would give the court another mandatory ground for possession over the rent issue. The tenants may well scarper asap once things get legal, but if it purely about rent tenant could drag it out significantly by producing even a smallish fraction of the rent and making noises that the arrears would be made up.
A friend of mine did this recently. He didn't go to jail but it did cost him thousands (about £10K I think). He used to have money to throw around, a nice TT etc. Not now.
A warning.
I had a tenant like this. It took me 4 months and £3000 in legal fees/court costs/court-appointed bailiffs/lock changing to get them out, fully legally.
This is not a quick process. Let me know if you want to speak to a good solicitor who can talk you through what you need to know. They'll not charge for a first call.
Edited to add: if the mortgage is in arrears, she needs to tell her mortgage company the reason why - they will probably be reasonably understanding. That is, if she'd declared to them that she was renting rather than living there - she did do this, didn't she?
She has calmed down a lot now, and she will not be changing the locks now but will do once they move out, and yep she has had a talk with a tenancy expert and she has legal cover with her insurance so it shouldn't be a problem if it goes to court.
The reason she was angry yesterday was because she has done all she can to help them, but the couple got in her face in an aggressive threatening manner and basically told her they will not move, and she can do what she likes to try, she thinks they are taking advantage as she has been nice so far and normally deals with them alone as her husband was away.
She is still going to turn up with a few heads; one of the blokes is even a cheq so they will have no excuse regarding language/communication. They hope to persuade them to leave and won’t pursue them for the arrears if they do move within the day, but if they don’t she will go to the courts.
Thanks for all your help guys; I’ve emailed her the links above too, so she can have a read.
She is still going to turn up with a few heads;
This sounds like harrassment to me.
Afraid to say I resorted to the physical chucking out & lock changing early one morning, before the couple in question knew what was happening. Luckily they took it no further, but knowing I could have been done, I'd not do it again.