How To Evict Evicting Tenants

Evicting Tenants:

An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises, causing the tenant to vacate.

Evicting tenants can be costly, lengthy and complicated situation, so I suggest you take up yoga during this ordeal to gain discipline and self-control.

There are a lot of professional companies out there that will actually handle the eviction for you (for a fee, of course). Simply Google ‘evicting tenants services’ and you’ll get plenty of results. If you don’t want to go for that option, I would strongly recommend getting advice from an expert in the specific field of evicting tenants.

It is a criminal offense for a landlord to evict a tenant without following legal procedures. Using improper methods to evict tenants can actually do more harm than good, and you could be deemed liable to criminal prosecution.

In addition, a landlord only has a right to evict where the agreement with the tenant contains such a right, and/or where the landlord is able to rely on one of the ‘statutory grounds for possession’.

Statutory grounds for possession:

1. A claim by the owner who has:
(a) lived in the property before it was let or
(b) wishes to recover possession because he needs it as a home for himself or spouse.
2. A claim by a mortgage whose mortgage predates the grant of the tenancy who needs possession in order to sell the property. A notice must have been served before the tenancy commenced by a mortgagor who is an owner/occupier on the tenant.
3. An out of season let of a holiday home for a period of less than 8 months. The property must have been let on a holiday basis for the previous 12 months. Notice must have been served by the landlord not later than the beginning of the tenancy that the property may be recovered on this ground.
4. A tenancy of not more than 12 months and at sometime during the preceding 12 months the property was let to a student by an educational institution. A notice must have been served not later than the commencement date of the agreement that possession could be sought on this ground.
5. A let of a dwelling that has been used for ministerial purposes and the courts are satisfied that it will again be used for ministerial purposes.
6. The landlord wants to demolish or reconstruct the property and needs possession so to do.
7. The tenant has died and possession has passed to a person without entitlement. ( This is only applicable during a periodic term).
8. Two months (8 weeks) rent arrears exist both at the time of serving notice and on the day of the court hearing.
Discretionary:
9. The tenant has been offered suitable alternative accommodation
10. Some rent was due when the notice was served and at the date of the proceedings.
11. The tenant has been persistently late in paying the rent.
12. Any other obligation in the agreement has been broken.
13. The behaviour of the tenant or someone living with them has caused deterioration to the property or common parts.
14. The tenant or someone living with them is guilty of nuisance or noise anywhere in the locality, or has been convicted of using the property for immoral or illegal means.
15. The condition of the furniture has deteriorated through ill-treatment by the tenant.
16. The tenancy was granted because the tenant was employed by the landlord and such employment has ceased.
17. The tenant falsely induced the landlord into the tenancy.

You can also evict a tenant for other breaches of the tenancy agreement (e.g. antisocial behaviour or damaging the property), although these proceedings will normally be more complex and expensive.

Steps for evicting tenants:

Step 1 – ask nicely

Before going in all guns blazing, it’s always worth trying the diplomatic approach. Simply ask the tenant to leave and explain your reasons for your request.

You could be surprised, your tenant maybe willing to vacate your property willingly. If your tenant agrees, make sure he/she signs a document clarifying the agreement.

Step 2 – serve a valid possession notice

Failing the diplomatic approach, you should serve a valid possession notice. The landlord or the landlord’s representative (e.g. letting agent) should serve a Section 8 Notice, citing the relevant grounds for possession listed in Schedule II of the Act.

A section 8 is typically enough to force the tenant to surrender the tenancy.

Please note, failure to serve this notice correctly may delay the repossession and it is wise to consult a professional to advise you or do this for you.

Step 3 – getting a court order:

Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court. For more information on arranging a hearing at a county court, please go to the County Court HMCS page.

Step 4 – get the bailiffs involved

Having won the repossession order in court, most tenants will vacate your property as instructed. However, if they do not, you must arrange for Court Bailiffs to remove your tenant.

Extra notes:

• If your tenant has fallen into arrears, and provided you win your case, you should get what is owed, included the costs of going to court and possibly further compensation. However, if your tenant is not working, you could well find that he/she is permitted to pay the money back over some ridiculous length of time, with the potential for further defaults along the way.
• If you decide to use a professional company to evict your tenant, make sure you are aware of the ALL costs.
• Make sure that you serve written notice correctly and that you follow all the correct procedures. If there are extenuating circumstances, like the property is in poor order, this may weaken your court claim.
• If you are in a position where you need to evict a tenant, you should consult a solicitor or legal body before taking any action. Even if you are relying on one of the grounds for possession that entitle you to a possession order as of right, the court will expect you to follow the correct procedure.
• Judges dislike evicting tenants and will not do so if the landlord has not got his paperwork in order. It is very easy for someone who is unfamiliar with the process to misunderstand the rules and get things wrong.

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Talk / 54 Comments left so far

theodora anagor wrote this on 2008-08-18 21:25:21 I tenant living in my Mothers property, he has a room in a shared house, My Mother is living in another country, this persons contract ran out at in january this year, which i was not aware of, up until then he was paying his rent by direct debit, payment stopped in january, when my Mother came back in June, she realised he had not payed his ren, she had a word he payed June's rent, he told her he will pay off the arears, i checked July's statement he had not payed, i gave him 2 weeks to quit the room yesterday, since he does not have a contract can you forsee any difficulty 1

The Landlord wrote this on 2008-08-18 21:56:41 Hey,

Because the contract expired, yet he continued to live in the property with consent, the tenancy becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. The terms of the original tenancy agreement still apply, but the tenancy continues on an agreed period by period basis.

So although the contract has expired, the t&C's still apply from his original contract.

Regardless, he has more than 2 months in arrears, so it shouldn't be difficult to get him to leave.

Has he agreed to leave, or is he refusing to?

Kind regards 2

theodora anagor wrote this on 2008-08-18 22:18:29 Hi,

Thanks for replying so quickly, he is pleading his case at the moment, so if
the contract states two weeks has to be given, is that enough , could I
change the locks, if not his room what about the front door,

Regards

Theodora 3

The Landlord wrote this on 2008-08-18 22:26:39 I would definately not advice changing any locks, because unfortunately the law would take his side.

If the contract states 2 weeks notice is required, you shouldn't have any problems getting rid of him, epecially since he's so far in arrears.

If he doesn't leave, just serve a section 21 on him. But i'm sure it won't go that far. He really doesn't have a leg to stand on at the moment.

However, if he refuses to leave, and you need to evict him, read the comments people left in this article for guidance:

http://www.propertyinvestmentproject.co.uk/blog/2007/07/09/im-evicting-my-tenant/

There is brilliant advice from Donna on how to evict a tenant quickly.

I hope that helps, and good luck. 4

Erika wrote this on 2009-01-01 09:19:35 I need help!! I'm an owner of a duplex. The tenant that lives next to us is refusing to leave. We gave her a 3 day notice on Dec 4th, she has not paid her rent since November. She had some personal problems in Nov and told us she would pay by the end of the month. Well Nov came and went and so did Dec. She agreed to move out verbally, she did not want to sign anything, but she did move out most of her furniture, but is holding the place "hostage" with some personal belongings in the kitchen(I peeked through the window)She is not even living there. She is living with her daughter and has admitted this to us. She is doing this out of malice. After several calls to her she called on Dec 17th and said that she would move the rest of her belongings by the Dec 21st and hand over the key that same day. I have not heard from her since. Do I call this abandonment? Do I file a Unlawful Detainer Complaint? She does drive by's the property and just stares at us with this smirk on her face...WEIRD!! Someone help please!!! 5

Tina wrote this on 2009-01-20 19:09:23 Hi there

My mate has just received a court order to leave her property but she has not received any letters from the agent not even a section 8 or 21, is this right? 6

pam wrote this on 2009-04-27 11:03:38 i rent out my property to my daughter in law, so we have'nt signed a new tenancy agreement in 4 years but still have the original. I want to sell the property as i am out of work and it is in a right mess. But the daughter in law said i cant kick her out because she has been there over five years and she can stay there as long as she likes is this right? 7

Jools wrote this on 2009-04-27 19:36:38 Tina,

The agent should have served the correct notice, however they could say - if it was served by post that the tenant received it under the relavent post office act mentioned in another part of this site.

I would suggest going back to the agent, in a non confrontational way, and asking for some evidence of posting.

Jools 8

Jamie wrote this on 2009-06-02 10:24:02 I've just had a court hearing to evict my scumbag tenants. No rent since Jan this year and one of them also withheld his housing benefit. The female tenant was working but now 9 months pregnant and playing the council house game. I got granted immediate eviction plus money order on Friday. Meanwhile they have a brand new car and live on takeaways.

court bailiffs reckon it could be oct/nov before they are finally evicted because of a backlog at the court!!
Yet even though I took a rent insurance from homelet they only pay five payments, it runs out next month. Immediate possession means bugger all considering the wait for court bailiffs!!

Can you advise me on my rights from here on in please?
There seems to be littel advice on the web once you get to this stage 9

Ann wrote this on 2009-06-17 19:39:41 Can anyone help?
A friend has paid rent for my husbands house, although there is no tenancy agreement. She has died and the house is in a terrible state. Insurance wont pay out because the damage has been caused by a pet. We cant afford to pay the mortgage and pay the thousands to do it up. Any ideas? 10

Jools wrote this on 2009-06-18 08:28:55 Sorry to hear about your problem.

Firstly - dont panic! Some questions!

1. Did the friend leave a will/estate?
2. Are there relatives who can expect to benefit from the estate?
3. How long did the person live in the property?

If there is an estate then you may have a claim or lien against it. If there was a will then you will probably have to sue the estate for damages through the small claims court. If there was no will then you will have to wait till probate is granted. If there is no family or beneficiaries or the person died intestate then you are probably stuffed.

If there is a family and you can prove to them that the person lived there for x amount of time then you could a) ask nicely for themt o pay for the damage or b) sue them for the damage caused. Proof could be council tax statements with the persons name on them, utility bills etc.

If you want to save money then you will have to do the majority of work yourself. Your hard work costs nothing (well depends upon your outlook to your own time etc) and some paint from your local store will make the place look better. Obviously really difficult to tell without seeing pictures etc what you can do to bring it upto scratch. If you want to send me some inages privately contact the site owner and ask him to forward them to my private email address. Where are you based?

Things seem so much worse when you think there is no way out. Don't despair - there is ALWAYS a solution - you just need to be creative!

Jools 11

kb wrote this on 2009-07-12 10:55:54 I have put in a claim for a possession order for my property.
It's been over four weeks and i have still not heard anything from the county court. Is this normal? 12

missy wrote this on 2009-08-12 21:46:13 Dear sir / madam
i have had a teant staying in my property for9 months who has not paid me rent. I have had the court sent her the possession order and finally the bailiff notice also. I went to the property today with the bailiff and found the property severly damaged, carpet been urinated on, kitchen burnt, paint on the walls damaged and she has stolen the furniture i gave her i.e. washing machine, cupboards , walldrobes, beds etc.
I have informed the police. can you advice me what will happen now.
Thanks
Missy. 13

ste wrote this on 2009-08-29 13:13:29 i have a tennant who has been in my house for 6 months and has been late every month with his rent upto a month late at one point. I have gone through a letting agency and instructed them to serve the tennant notice due to consistantly being late. Firstly i was advised that i was entitled to do this. But have now received a letter saying that they cannot evict the tennant because he is has eventually paid.

Is there anything i can do because the late payment of rent is causing me to miss payments on things i have to pay and causing me to incur penalty charges 14

Karen Henton wrote this on 2009-09-09 10:32:00 Hi can some help before i go mad. My parents house is rented out and I am left to deal with the tenants as my parents are abroad. We are owed 2 months rent, a section 21 has been served and they are meant to out by the 22nd Sept 09 but they have told me they are not going. They have damaged the property, abused the neighbours, had a dog in the property and hold nightly parties until the mornings. They police have been called on serveral occassions but i do not know by who. The neighbours are scared for themselves, family and property so the chances of asking them to go to court are slim. The last thing is they are claiming benifits but not passing it on it is either going down their necks or up their arms. Help 15

The Landlord wrote this on 2009-09-09 15:26:26 Hey Karen,

I've been in your situation before, so I can completely sympathise.

I would definitely get professional help from eviction specialists. They'll do the job quickly and properly. It would probably be cheaper to use professionals, than sitting back and losing out on more rent.

http://www.landlordaction.co.uk/

I would also call your local social housing department and complain about your DSS tenants. In these circumstances, they should send the rent direct to you, as opposed to the tenants.

Good luck. 16

sammi wrote this on 2009-10-12 21:01:55 my local housing office has rang my landlord to request his copy of my tenancy agreement, wen he brought it to me i noitced that it is not the original and he has forged my signature on it, what do i do now? 17

The Landlord wrote this on 2009-10-13 06:46:30 Hey Sammi,

Do you have a copy of the original? You should have a copy.

Kind regards 18

trevor wrote this on 2009-10-20 17:34:09 hi, can you help, my daughter rented a house on the 13 feb. 6 monthes shorthold tenency.0n the 30 sept the landlord gaveher 1 months notice saying he wanted thehouse for himself.she is 2 weks in front with the rent,but looking through the paper work i find he gave her a section 21 notice at the same time and date shemoved in 13 feb.is this legal if so its not very nice 19

twattybollocks wrote this on 2009-10-20 19:53:11 Ok - 13th Feb to the 13th August would be the 6 month AST. I take it she did not sign for another 6 months which means the tenancy is now Statutory Periodic and as such the law states the Landlord now has to give 2 months clear notice as opposed to one month from the tenant.

However, the section 21 served at the time of signing does get get around this. Hate to say it but if your daughter was not sure she should have checked it out before signing with a solicitor.

Hindsight etc..............

Make sure the Section 21 is the correct one and have a look at the following link as it states that if the section 21 is signed the same day as the AST it can invalidate the notice.

http://www.lawpack.co.uk/Knowledge/Property/LandlordAndTenancy/article1722.asp

Suggest you check the document and have a quick chat with a lawyer to clarify!

Did the landlord secure the deposit in an approved scheme?

TB 20

trevor wrote this on 2009-10-21 08:26:36 many thanks for your help. yes both the ast and section 21 had been signed on the 13 th feb.hope that can invaladate, to give her more time to find other accomadation. thanks trev 21

Vandy seng wrote this on 2009-12-11 19:22:51 I have served section 21 to my tenant which will expired after 27.12.09. Is anyone have ever been filled a claim form for possession of property (get a court order for possession)by yourself?
as I want to ovoid hiring a solicitor, they are so expensive.
Any idea? Helps please, thanks
V Seng 22

sunjeev wrote this on 2009-12-19 14:45:00 Someone please help. I have a house with a tenant refusing to leave. The tenenat is a lady with two children, one a minor. The tenancy agreement has expired in feb 2009. My Solicitor has issued a section 21 notice which expired on November the 24th. I notified the tenant in September that i will be selling the house which is now sold! However the solicitor wont exhange contracts because the house is not vacant. Furthermore the buyer is panicking because in january he would be liable to £1500 stamp duty. For this reason the buyer has agreed to offer one of three of his vacant houses with 1 months free rent to the tenant, we have taken her to these properties but which are larger and at a better standard. Her motive is that she believes she will be given a council house by being forcibally evicted.

Q. can i move into the house with her to pi** her off.
Q. can i prevent her from getting a council house by offering her another house ( at the very least i want to make her life as much stressful as it has been for me).
Q. can i legally move her belongings to another vacant house immediately.

I urgently need her out what can i do? 23

Jools wrote this on 2009-12-19 17:28:33 Sunjeev

YOU are not allowed to move anyone/thing out. It has to be done by a court appointed bailiff or you could be sued for illegal eviction.

the person is only allowed to be evivted AFTER the courts have made the award of the property back to you. Try offering her £500 to get out - may be cheap option in the long run especially if you lose the sale.

Don't get into the pointless debate of I want her to suffer - she can life 1000 times more difficult for you so don't even bother!

Jools 24

James wrote this on 2010-01-03 17:38:32 I live in a shared house but I really need to leave. How would I go about getting evicted and how would this effect the other tenants? 25

Stacey wrote this on 2010-02-04 17:06:46 Hi, Can someone help ? ? I have been renting out some rooms in my house on 6 month AST's while I have been working away. In Sept a potential tenant came and viewed a room and met other tenant, he laid down part of the deposit for me to keep the room open for him. We filled out a potential tenancy agreement which I held ready for when he moved in. It was agreed the tenancy was dependant on the rest of deposit and months rent being paid when he moved in. He moved in on Oct 4th telling other tenant he had paid the money for his tenancy. He has claimed various problems with his Ex, bank, employer not paying him, etc bounced cheques etc. I have given him every warning but it is time to do something... Question is what ? ? Is he even a tenant ? ? I did not put deposit in secured scheme because he still hasn't paid all of it ? ? ? Anyone any advice PLLEEEEAASE. 26

Ken wrote this on 2010-02-25 03:51:13 Hi,

I paid a solicitor to send a section 21 to my tenant who agreed to vacate my property on the 17th February. When that day arrived I was amazed to receive a call from my tenant stating the council had told her not to leave or I would face prosecution and I would have to apply for a court order is she wanted to be rehoused! Can I be prosecuted when my tenant has a agreed to leave and by whom?

The solicitor I originally used is not willing to act on my behalf as does feel he is qualified to defend me should I be prosecuted.

I'm at a loss as what to do next.

Any advice would be most appreciated.

Regards

Ken 27

The Landlord wrote this on 2010-02-25 08:14:28 Hey Ken,

That sounds odd. Providing that your solicitor served a section 21 on the correct grounds, you have no reason to be prosecuted.
However, I once had a DSS tenant that didn't pay rent, so I told her to vacate the property. The council actually told my tenant to remain in the property until she was properly evicted with a section 8, because it would help her be rehoused into a council house. It was crazy and I can't believe the council advise tenants to do that!

I would use a professional eviction service to resolve the issue. They will act quickly and know exactly what to do: http://www.landlordaction.co.uk/

Good luck.

Kind regards 28

debbie wrote this on 2010-02-25 09:04:24 hi there

i am about to let my one bed flat to a seemingly nice young couple. they have paid the deposit (minus £80 as that was all they had on them at the time)and will pay the first months rent upfront when they move in next week as agreed by both parties. i did an NLA reference check and was advised to get a guarantor however it was suggested the guarantor earn £30,000 a year. the tenants advised me that although they could get a guarantor they didn't earn that amount of money. they seem a very genuine couple however i am a bit unsure about renting the property to them. when i emailed them yesterday about how much they needed to bring when moving in the girl said she had the first months rent but was going to pay the £80 balance from the deposit the following week. i was a little put out as she hasn't moved in yet and i thought she would have had the courtesy to ask me first if that was okay. they are going to purchase some of the current tenants furniture which is why they are a bit short and said they could pay the £80 balance when they move in as agreed and then pay the tenant the following week which he is in agreement with. however i am just unsure as to whether or not to proceed. the tenant check informed me that the girl was on a 3 months trial where she works although she has assured me it will be permanent. (she works for tesco) the guy is also on a contract although it is on-going. she did mention that they got into some financial problems before but managed to clear this. i don't doubt their intentions and i know they do desperately want the flat as they really like it. part of me feels i should go with my gut instinct and give them the benefit of the doubt but another part of me says to try and get someone else. what would you advise? i appreciate that without a guarantor i would be unable to get rent guarantee insurance. also if necessary should they not pay the rent for 2 months during the initial 6 months tenancy would i be able to start proceedings then to get them to leave at the end of the 6 months or do i have to wait until the 6 months is over and then give them 2 months notice?
many thanks for your advise on this 29

The Landlord wrote this on 2010-02-25 09:21:23 Hey Debbie,

I personally wouldn’t accept that, based on the following:

- They’re already £80 short, before even the tenancy has started. That’s not a great start.

- You already admitted you feel “unsure” – I would go with that instinct, you will genuinely feel better knowing you have tenants that you’re completely sure about.

- As you said, they didn’t even have the courtesy to confirm that being £80 short was okay with you. That’s not only rude, but it’s also worrying.

- They have a history of financial problems

That’s just my take on the issue anyways. Don’t get me wrong, they could be genuine people, but for the sake of putting my mind at ease, I wouldn’t take the risk!

I hope that helps.

Kind regards 30

debbie wrote this on 2010-02-25 09:24:21 many thanks - could you also reply re the tenancy question? would be helpful to know anyway. would i need to wait until the 6 months is finished before starting eviction proceedings if necessary or could i do this before - with the intent of evicting them at the end of the 6 months? also if a tenant doesn't pay rent for whatever reason is it acceptable - and legal to keep their deposit?
many thanks
debbie 31

The Landlord wrote this on 2010-02-25 09:29:04 If your tenant falls 2 months in arrears during the 6 months of the tenancy, you can start the eviction process! Whether you can keep the deposit will depend on the tenancy deposit scheme body, but in those cases, you will most likely be given the deposit to keep. 32

Jools wrote this on 2010-02-25 10:06:58 Hey Debbie,

I agree totally with The Landlord.

If they can't pay you the full deposit now then you are just asking for trouble and it will cost you a fortune in the long run with late rent/eviction fees.

Don't do it!!!

You have to treat this like a business - be firm and professional but don't accept sob stories.

Do this at your own risk but don't come running for help WHEN it all goes tits up!!

If they can't provice a guarantor then it would be a big no no for me.

Best of luck

Jools 33

Ken wrote this on 2010-02-25 22:19:43 Hello Landlord,

Thank you. Your comment, "It was crazy and I can't believe the council advise tenants to do that!", were my thoughts exactly and I believe that is what the council has done, only with a court order and not the section 21. Pretty disgusted with them really and evicting because of the damage my tenant have caused to my house. Kitchen destroyed, hallway ceiling collapsing through water damage caused by someone unscrewing the bath overflow causing water to pour under the floor boards for 6 weeks. Will cost thousands to repair but no hope of ever getting a penny as tenant is on benefits.

Oh well we live and learn I suppose.


Many many thanks for you advise. One more thing though, I understand you can apply for a court order online. Has anyone ever followed this path and can they recommend it or should I pay the extra and hire another solicitor?


Ken 34

Pancake wrote this on 2010-03-01 11:36:19 Hi

I have a 19 year old tenant in a shared property who is always late with his rent, he is rude, threatening and is constantly damaging the property, I decorated before Christmas and had to start again last week. I asked him to leave, he obviously refused, he has up to 15 friends in the flat at any one time, several sleeping in the living room, there are holes in the new plastered walls, cats shit trodden in on the floor, and the whole place is disgusting. I have 2 spare rooms, but can't rent them out with the flat in this state. As he is not paying rent, I can’t afford solicitors fees. I have asked him to leave giving him 2 weeks notice but heard his friends talking about smashing up the place; I also believe he will not voluntary leave when the two weeks are up.

I am not renting to make a profit; I bought the flat to bail my son out of re- possession, but bought when interest rates were high, so am stuck in a fixed rate of 7.5%, and so even if the rent was paid it wouldn’t cover the mortgage. Because of this I can only afford basic food shopping; which I think is so wrong as I work full time whilst the lodger and friends all unemployed enjoy the benefits of my flat. (One of the friends also posted an abusive comment on Facebook about me, threatening to F**k me) The lodger also squared up to me last week, (he was stoned). I am a female who feels very venerable, threatened and very very poor. I need him out, I was thinking about getting a load of male friends to look (only look, not act) abusive, and intimidate the lodger into moving just one piece of furniture out the flat, if he does that, then my friends would just be helping him on his “voluntary” move. Could I gte away with that?

Any comments would be appreciated.

Thank you 35

jools wrote this on 2010-03-01 12:17:32 Hey Pancake - blimey you are in a pickle.

First I would print off the threat from Facebook and contact the police. A threat of violence has been made to your person and you should make a formal complaint to the police to keep on file.

If you have a signed tenancy agreement then unfortunately, as much as you would like to send around the boys, legally you could be sued for harrassment or illegal eviction. On the other hand if you threaten with the big boys they will have to be prepared to dance on the doorstep if the Tenant and his mates are such arseholes! No point in empty threats!! If he has 15 mates in there then you are going to need the Tactical Support Unit or the SAS to back you up!!

Pound to a pinch of pig shit the tenant knows the law regarding eviction and you could get to the situation where he comes back and Molotov cocktails your property!

The Police won't normally get involved with Landlord/Tenant disputes as they are a civil matter - however since you have been threatened they may go around and persuade the Tenant that it would be in his best interests to move. Next time you go around - if you are threatened again dial 999 and say you are a female who is being threatened with violence and you want action taken immediately. the more you can prove and the more reasonable you are the better.

let us know how you get on.

Jools 36

Janine wrote this on 2010-03-10 09:22:10 I feel like the evil step sister! I am a tenant, and have been pretty much consistently late with the rent. My financial circumstances changes shortly after the lease agreement was signed, making it hugely difficult to pay.

The agent is now talking about eviction, which in all honesty, I can't blame him for. I am desperately worried though about my 8 year old ending up homeless. Being a foreigner, I don't qualify for Council assistance. Is there any way I can compel the owner / agent to give me a little longer in the property before evicting me?

Janine 37

Nick wrote this on 2010-03-23 01:10:46 I currently am lodging with a friend who has split from his wife 11 months ago. Shortly after they split, he rented a room to me and this is a verbal agreement between us both, so I have been there 9 months.
They have a mortgage in joint names, and are going through the process of sorting out the divorce and financial settlement of the house, which seems to be a case of my friend buying her out.
He has had lots of complications in his life concerning his sick parents, one of whom died last week, so it hasn't been as fast as she would have liked. She has now started to come into the property with estate agents with little notice, and come into my room and left me a note to indicate she wants me to leave the home in 28 days. My friend is outraged and doesn't want me to go, she obviously wants to apply more pressure on him. Where do I stand with just a verbal agreement, do I have to move out if only one party decides.
Would it make any difference to make a landlords contract so he can protect me, or just say I'm living there free of charge?
I have 3 weeks left? 38

KCC wrote this on 2010-03-23 17:27:27 Hey Ken,

With regards to possession claims online I have previously tried this route but because I wasn't sure of the law I got it completely wrong! I wasted 3 months so decided to give it to the experts. I found a great firm who specialise purely in tenant evictions, I instructed them and regained possession of my property! What a relief and they only charge £165.00. I had previously spoken to a solicitor and they wanted to charge me £1200.00 plus dispursements. If anybody is in the same situation as I was then why not just give them a call (they offer free advice too) www.landlordandeviction.co.uk. You can't lose!

Kcc 39

HJP wrote this on 2010-03-24 12:10:49 I am a member of a charitable trust which was set up some years ago by the owner of a house of historic interest, to inherit the house on his death and run it as a museum. There is a valid will covering this which was written at the time and the Trust is properly legally constituted. However the owner, who was very frail in recent years after a stroke, has had a family friend living in with his own family (on the top floor only) for some time now.

The owner died last month and the family have claimed that the owner subsequently wrote a codicil to his will leaving them a lifetime rent free interest and full possession of all the contents. The owner's solicitor knows nothing of this codicil which they say their own solicitor drew up separately - the owner would have been very ill and confused at the time.

They will not discuss it with the Trustees beyond emailing our chairman saying they have indefinite right of occupancy - rent free - and we have no right of access. They have a young family and so far our legal advice, admittedly limited, is that the law is on their side as they have lived there for several years now and that it would cost us "tens of thousands of pounds" and months maybe years to establish possession and get them to leave.

is this correct? Any advice? 40

twattybollocks wrote this on 2010-03-24 14:11:04 Hey Nick,

If you are living with the Landlord then you will not be covered by a 'normal' AST but there should be a licence in place. As far as I am aware a verbal contract is just as binding as a written one. Unfortunately, as you don't have an AST you wont be covered by the housing act in the same way so you really need to take some legal advise or contact your local council.

As the house is in joint names it is the spouses property too so she has just as much right to ask you to leave especially if she was not told you were there in the first place and 28 days is a reasonable time. As I say - check with a professional your position. Please let us know how you get on!

TB 41

ellen wrote this on 2010-05-15 16:48:38 Any advice would be most welcome. Tenant moved in 6 weeks ago on a 12mth tenancy agreement arranged by a letting agent. Was told the property was for her. Took a trip to the house (unannounced) earlier today and I can only describe it as a road crash. There's a mattress in every room. Half her family are in there. Bags of rubbish everywhere, the smell of tom cat piss and debris (it was a no pets agreement), moldy rotting food over the floor and surfaces, every square inch covered in mess and dirt. If the place isn't crawling with things, it will be soon. I cannot describe what I saw - I can only relate to what I've seen on tv programmes. My brand new house is a complete pit! I want them out, and quickly. They have paid rent. Does anyone know what you can do with people who are wrecking your property (I know what I would LIKE to do to them!)? 42

twattybollocks wrote this on 2010-05-16 10:38:00 @ellen: Assuming you are in England or Wales then it is YOU who have broken the law. You entered THEIR property without the requistie minimum 24hours notice and have trespassed. How would you like it if someone just walked into your home when you were not there?

It is YOU who have opened yourself up to be sued by them for trespass or breach of quiet enjoyment. The house may be a tip but it is their property. YOU may own it but as soon as they sign the tenancy (assuming it is for the whole house and not individual rooms) you are not allowed in. If they want to live in a pig sty that is their perogative. Even if you ask them to or provide a cleaner you could be deemed to have breached their right to quiet enjoyment. If they say no - its no. If there is an emergency - gas leak etc you could go in without 24hrs notice but you could not insist they clean up.

I suggest you keep quiet about your illegal entry and find another way to sort this out! If you are letting throug an agent ask them to do an inspection (without telling them you have been around) and get back to you.

TB 43

ellen wrote this on 2010-05-16 11:57:55 Thanks for your comments twattybollocks. For the record I have tired to reach the tenant over the last two weeks to arrange an inspection - left messages and they have chosen to ignore. After posting a note through their door, I was invited in by the tenant - they were there. I did not enter while they were out, so I did not trespass! My issues is not that they are living like animals, my issue is that they are in breach of their contract a) subletting, b) damage and deterioration to the property - tom cat piss and moldy food over the carpet is the tip of the iceberg. Neighbours have complained about the smell and the potential health risk due to their living standards (what living standards?), and it is highly likely they are growing illegal substances. But hey, you are right, I should chill with the wonderful laws that protect scum like this, and be grateful for the little protection us property owners have. 44

twattybollocks wrote this on 2010-05-16 14:11:14 Why could you not tell us that in you first post? Would have saved me wasting my time!you could still be deemed to be in breach of their right to quiet enjoyment as youy are still not allowed to just turn up irrespective of whether you are invited in or not. I suggest you try using that defence in front of the beak. 45

linda wrote this on 2010-06-04 22:34:18 my 2 tenants told me they lost jobs at the same time recently. i am due to receive their 2nd rent payment today and they have failed to pay.i only got £190 as a deposit because they said they will pay me the rest of deposit of £360 in the 2nd month which should be today. i was too kind to them and agreed with them about the deposit. they email me 2 weeks agao saying she is sick and her salary will not be good. they asked me if they could pay for the rest of deposit on the 3rd month and they were confident about the rent. so I foolishly agreed again. no choice really! then a week ago told me the bad news that they both lost their jobs and asking me if it is ok for them not paying their rent for the 2nd month and they will pay for it in the following a few month on top of the montly rent. i refused as i do have mortgage and other bills to pay and expressed my sympathy and explained them my bad financial situation. then they came with a idea with paying part of the rent. again i refused due to my financial problems. i was told their phone is not wroking well and i can only email them. i asked how they can look for jobs without a phone to let people to contact them. now i didn't get their 2nd month rent. i was nice to them and suggest them to move out and they refused. i told them i am going to apply for a court order to evict them. i heard you can only appyly for a court order if the tenant is 2 months in arrears of rent. is it true? how long does it take to get one court order from the day you apply? please help! 46

Jo wrote this on 2010-06-12 07:57:30 Can someone help me? My friend was evicted from his flat for non payment, I had left some 2 suitcases of things at the flat but the landlords moved all his stuff out including my cases, i've tried to contact the ll but they won't reply and let me have my cases back, can they do this? I'm not asking for my friends things, just mine? 47

Jools wrote this on 2010-06-12 08:18:06 The Landlord is not allowed to remove items from the property, period. This has to be done by a court appointed bailiff. Did your friend get a repossession order against them by the court?

If not then the eviction was illegal and technically the Landlord has stolen the goods and commited the offence of trespass. If you have an address for the Landlord contact the police (Not sure if they will be bothered to do anything mind!).If the Landlord has damaged any of your goods then there may be a case for suing him for tresspass and criminal damage.

Whilst the Landlord may have a Lien against your friends goods and chattals, he does not have one against yours.

Let us know how you get on.

Jools 48

Jo wrote this on 2010-06-12 08:25:13 Thank you, the ll got the police involved and put a note on window of flat as concerned for his welfare and said had abandoned flat prior to eviction court date the tenant didn't know doing this. He works away and came back fairly regularly but because noone had seen him they said had abandoned the property.
Police won't help think will have to wait until pay arrears. Thanks 49

Jools wrote this on 2010-06-12 08:42:18 So let me get this clear.

The LL put a notice on the property (because the LL was concerned for the tenants welfare?) and the LL said the tenant had abandoned the property prior to eviction?

From what I understand about the law relating to this:

1. The LL cannot assume abandonment. The LL still has to get a court order to evict whether for non payment of rent or otherwise.
2. The LL cannot evict without court order.
3. The LL is NOT allowed to remove personal belongings this MUST be done by a COURT APPOINTED bailiff.
4. If the LL has done any of these things WITHOUT a court order, then he has commited an offence, namely trespass and as such the tenant has a claim against the LL.
5. The LL is not allowed to sell ANY goods unless he/she has made all necessary efforts to contact the owners of the property.

Abandonment cannot just be assumed because the tenant is not there - what if he is working away or has been imprisoned? Even if he is in jail the tenancy agreement (if there is one) is still in force and as such the LL has no absolute right of entry other than by giving the statutory notice. Even then, if he enters without the tenants agreement (even if he is in prison) then the LL has broken the law. The only way the LL can get posession of the property is by COURT ORDER.

Do you know where the LL lives? Where is your friend in all of this?

Jools 50

tam wrote this on 2010-06-12 15:49:20 when do i have to serve a section 21 2 before the fixed term tenancy is up or the day it ends?? 51

Barb wrote this on 2010-07-31 01:53:24 I just lost at my Hearing and I can honestly say that the laws of the Landlord and Tenants Act is ALL for the tenants. It's unjustifiable and I'm going to try to get the law amended, and the only way to do this is through our MPP. So, please folks, try to get the law amended, so us landlords can have SOME legal rights.

I have a tenant from HELL and now that the Hearing was ruled in his favour and he can stay put, I think that my only recourse is to SELL my house (he lives in the basement bachelor suite in my house - just me and him). He pays the rent, the problem is that he locked me out of my house one day and he has scared me and created other problems for me so that I no longer want him in my house.

Does anyone know if this is a good idea, or do I have any other recourse? Also, my apartment is illegal, but i read online that if a tenant has to move out due to an illegal apt (say I report myself), then the landlord can be responsible for all costs incurred in such matter - such as the tenant's moving costs, additional rent (if they have to pay more), etc.

Does anyone have any suggestions on how I can get rid of a tenant from hell, without having to fight it through the Landlord and Tenant Board (they favour the tenants anyways). 52

ellie wrote this on 2010-08-01 19:37:25 Barb, had something similar. Happy for you to email me direct. nellekent@hotmail.com 53

graham barton wrote this on 2010-08-16 07:36:44 My friend who is now 69 years old has lived with his disabled ladyfriend for well over fifteen years and is worried that if she dies he will be thrown out as there is no will.
As he has always paid his way and has no debts what are his legal rights in regards to eviction? 54

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