How To Evict Tenants

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). You can go to the Tenant Eviction Services page for a list of professional eviction companies. If you don’t want to go for that option, you can follow the eviction process independently, but make sure you follow the legal procedure, because it is a criminal offence for a landlord to evict a tenant without doing so. Using improper methods to evict tenants can actually do more harm than good, and you could be deemed liable to criminal prosecution.

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

Ground Description
Ground 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.
Ground 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.
Ground 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.
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.
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.
Ground 6 The landlord wants to demolish or reconstruct the property and needs possession so to do.
Ground 7 The tenant has died and possession has passed to a person without entitlement. ( This is only applicable during a periodic term).
Ground 8 At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks’ rent is unpaid; or rent is payable monthly and at least two months’ rent is unpaid; or rent is payable quarterly and at least one quarter’s rent is more than three months in arrears.

Note: When claiming possession under this ground, it is advisable to cite more than one ground since, if the tenant pays off part of the arrears shortly before the hearing, this ground can no longer be proved and possession proceedings will have to be abandoned. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice.

Ground 9 That there will be suitable alternative accommodation available for the tenant if a Possession Order is made. The Landlord must pay the tenant’s reasonable removal expenses if a Possession Order is made. A tenant can oppose a Possession Order on this ground if the alternative accommodation is not suitable.
Ground 10 Any amount of rent is in arrears at the date of service of the notice and remains unpaid on the date on which the proceedings for possession are begun.
Ground 11 The tenant has repeatedly failed to pay rent.
Ground 12 The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent).
Ground 13 The property has deteriorated due to neglect by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 14 The tenant or someone living with him has caused a nuisance to neighbours, visitors or others in the locality or has been convicted of using the property for immoral or illegal purposes or has been convicted of an indictable offence committed in the locality.
Ground 14A The property is occupied by a couple and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who was living in the property also. This notice can only be used by a registered social landlord or a charitable housing trust. The tenant who has left must also be sent this notice.
Ground 15 The furniture has been ill-treated by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 17 The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant’s instigation.

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. Approximately 80% of tenants leave after being served notice.

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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93 Comments- join the conversation...

Showing 43 - 93 comments (out of 93)
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ellen 16th May, 2010 @ 11:57

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.

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twattybollocks 16th May, 2010 @ 14:11

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.

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linda 4th June, 2010 @ 22:34

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!

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Jo 12th June, 2010 @ 07:57

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?

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Jools 12th June, 2010 @ 08:18

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

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Jo 12th June, 2010 @ 08:25

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

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Jools 12th June, 2010 @ 08:42

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

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tam 12th June, 2010 @ 15:49

when do i have to serve a section 21 2 before the fixed term tenancy is up or the day it ends??

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Barb 31st July, 2010 @ 01:53

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).

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ellie 1st August, 2010 @ 19:37

Barb, had something similar. Happy for you to email me direct. nellekent@hotmail.com

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graham barton 16th August, 2010 @ 07:36

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?

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ica 4th September, 2010 @ 20:09

hi i have just been given depty over my mothers affears following her going into a care home. I now have an issue, well are mother was in the hospitial my siter and her family moved into my mothers house i had no rights at this time. Now a year on and a month after it been granted i need to sell the house to pay the care home i asked my sister to pay rent but she could not afford to pay the going rate so i cant cover my mothers fees. do u think evicting them will be hard as they have lived there for a whole year before i got my rights and there is no tenacy or any thing i no its harsh but i have to do whats right for my mother many thanks

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Kathy 18th September, 2010 @ 13:39

I moved into my house with the reassurance from my landlord that it was a long term let even though the contract is shorthold, the property had been empty for 3yrs, it is an old vicarage which is still owned by the church but i was told it is not going to be used as a vicarage again as the church next door has long gone+the vicar who was living there is living in another vicarage in another part of town, i have looked after the house inside+outside, my rent has always been on time+there hasn't been any problems, but now i've been given a section 21 notice stating they want the house back as they have a cleric who wants to live there, they thanked me for being a model tenant which was like a slap in the face, i understand i'll have to vacate but can anyone tell me will the courts be understanding+give me time to find another home, i have 3children+am really panicking that i'll be thrown out on the street, i'm so angry as when i applied for this house they did so many checks on me to make sure i was suitable as they said they didn't want someone moving in+out quickly, they also knew i was looking for a family home not somewhere to doss down, i forgot to say i have been living there since 29th jan, i havent had a new 6mnths contract+have been given the 2mnths to get out, legally they are right but do you think a judge would be sympathetic+let me find somewhere or will i just be evicted after the 2mnths, i also pay the rent myself, appreciate any help thanks.

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Graham Barton 19th September, 2010 @ 23:35

Dear Kathy
I have perused your email, then I printed it off as it interests me about the dominion verses the giant.

As a writer I have access to many legal people and I will be taking a copy of your letter with me on Sunday to meet my friends and after we have had a chat about your situation I will let you know what you can do.

Please dont worry as I think that you have more rights than you beleive.

Regards.
Graham.

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Graham Barton 24th September, 2010 @ 07:25

Kathy,
I have studied the facts that you wrote to me.
I dont know how you got my email but it does interest me.
I have spoken to quite a few people and shown them your draft which I printed off.
I have various thoughts and ideas about which way you should be going and what you should be doing BUT as I dont know you I would like some more facts before I give advice as I dont want to get in trouble.
If you have any way to let me know this sort of info I will be interested.
Take care.
Regards :)

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diane 13th May, 2011 @ 15:17

IF U are staying at a council house which my brother pays the rent on it and he is staying at another property which is bought and belongs to his girlfriend. he has now been sent to jail what is the chances of me keeping the properrty up and running has i have been in the house for two yr wilst my brother stay at his girlfriends

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twattybollocks 13th May, 2011 @ 16:37

Diane - are you for real?

The only probablility will be YOU following your bro off to jail as you are conspiring to commit fraud by living in a property you are not entitled to.

If you fess up to the council your Bro is liable to taken to court for fraud

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Gringo 11th September, 2011 @ 09:18

I dont know where to start... my tenant has defaulted and owes me some £2k+, I am having some of the money for rent paid monthly by the housing association but he has now defaulted again, and i want him out. The house is a complete sty and he has wrecked my garden. What do I do now? I want to get him out but i think hes going to make it hard for me, i went there yesterday to talk to him and he rang the police today and told them i had brooken in. Please help

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stephen ashford 27th September, 2011 @ 21:52

could you please help me i have had no problems with the rent so far from my tennant but she has broken a few rules on the tennancy agreement, she has got 3 dogs and 3 cats plus rabbits and i dont know if she has anything else, the neighbours have complained and they have faile to keep the back garden clean, the dogs have upset the neighbours and they have failed to keep the property clean ect ect, i have an agreement which she signed and so far has broken some of the rules, but her rent has been paid and she has not defaulted on this at all, what can i do as i do not want to lose a paying tennant.

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helpmeplease 9th October, 2011 @ 15:25

Can someone help with any advice? A family member has his own house and another family member and husband wanted 2 live there and pay the ownwer rent, but, no contract was drawn up and they paid cash in hand. the amount agreeed was £350 but the family tenants had some money troubles so rent droped to £250, anyway 2 cutlong story short, the family tenents have said they can't afford 2 pay ANY rent and they R NOT going to pay any because they can't,. The ownwer of the house needs 2 sell his house as he has just had his work hours cut from full time to 17hours a week so needs 2 sell house 2 pay off debit. How can he go about getting the family tenents out? Any help or advice will be really helpfull please.

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nana 28th October, 2011 @ 22:29

hello, i am renting two rooms out in my flat. i am not living there. how can i evict the two tenants who have decided not to pay my rent? i have given one notice to quit as there owe me two week's rent. please help.

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James 26th August, 2012 @ 11:21

My tenant is refusing to leave my property after seeking advice from the council and the CAB, and them telling him to stay put. He is not paying his rent, for which he claims housing benefit. I am angry that he is using his benefit money to spend on other things apart from his rent. I want to contact the benefits office and inform them of this but i'm under the impression that they will not appear interested in this fraud and it would be a waste of my time. Does anybody know if this is true, or wether it's worth contacting the benefits office for whatever reason

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mike flynn 20th January, 2013 @ 21:15

my brother inlaw is in my wifes flat. he told us he had to move out so we asked him to be out by jan31st. we have no tenancy agreement, all verbal and now he does not want to leave. can i change the locks when he is out..?

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Dawn Estall 14th July, 2013 @ 19:18

Please can you advise me on how long a court evition can take, my Landlord is doing this independently through court without a solicitor.

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p.robert 6th October, 2013 @ 12:43

Dear Sir's
Anyone can give ma a good advise before I decided to proceed with please?
Due to circumstances and or so pure health decided to rent my house privately to another person/s.
We prepared a tenancy agreement (that was 2011 march)
for the period of 12 months and obviously with extended date if apply means they can stay longer if wanted. They r living until now at my house but during this period they had made so loots of troubles so decided now that I m done and had enough.
-my house was occupied several times by persons not mentioned in contract for long term - over a month (or longer) etc
-they had done loots of damages at my home - promised to repair but that never happens
-they missed payments until today 11 times lol
once they paid one day before the next payment.
Finally the main tenant now is in the prison cos has been some international letter issued against him and
has been deported to his country. At my home left his partner with 4 kids and basically She stop making the payments.
My question is in this situation what period
I have to give them to leave my house
( She is not on the contract but we made an separate note that She is added to the tenancy agreement) and to who I have to hand in the notice if the main tenant is in the prison.

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boby 11th October, 2013 @ 00:47

Quick question can some1 advise

I rented out my house about 5 years ago to a woman with 2 kids
With written tenancy at the time which has been lost
I have a most recent AST

I want to evict this tenant when her current tenancy expires
In january 2014

Its very likely i will need.to go to court

Guys what are the chances of getting a court.order bearing.in mind i dont have the tenancy from 5 years ago?

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Tim 6th November, 2013 @ 08:26

Most eviction cases start with your tenant failing to pay to the rent, which is one of the biggest struggles of buying rental property and becoming a landlord. If you decide you can evict and want to move forward, get very familiar with the Landlord and Tenant Act, which explains the legal process for evicting a tenant. Many states require you to give the tenant written notice before you even start filing for an eviction. Then start the eviction process by filing for a court hearing.

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Greg 15th November, 2013 @ 21:58

I have a 6 bed HMO which has recently been let out to a group of first year students in September 2013. All tenants paid 1 months rent up front plus a months rent as a deposit.

I carried out credit checks on the tenants guarantors and all were fine except one who had CCJ's. I asked this tenant to provide another guarantor although I was told the only other person he could use was away on business until November. Due to only finishing the renovation of the property in September, the academic term about to start and the tenancy due to commence in 3 days I decided to give him the benefit of the doubt.

Octobers rent was not paid. I tried to phone him several times although kept getting his voicemail. I contacted another tennant and was told he had lost his phone.. I continued to frustratingly contact this tennant via the other tenants although he was rarely with them and he would often chose to ignore my requests to return my calls. I have also tried contacting his temporary gaurantor over the last few weeks however I am just get false promises that I should receive the money in the next few days..
I sent a letter on the 7th day his rent was overdue advising that he will be £25 if I fail to receive payment in the next 7 days.
I sent another letter on the 17th day after his rent was due advising that if I have not received payment within the next 7 days I will visit the property to discuss his unpaid rent on a set day and time (giving him plenty of notice in advance).
When I visited the property all the tenants were there except for the one not paying.
I then contacted all of the other gaurantors to make them aware of the situation and that he hadn't paid.
I have been in close talks with the universities accommodation office and they have met with the tenant with his course leader and offered him cheaper accomodation in halls although he refuses to leave.
The other thenants have even written him a joint letter asking him to leave by today although he still refuses to go. I have also been chasing him for another gaurantor which he is reluctant to do, although I have given him a deadline of Sunday to provide a suitable gaurantor else he will be asked to leave. I have also been advised that he is smoking in his room and has advertised a house party on Facebook against the wishes of the other tenants.
All the other tenants and gaurantors want him out although I am unsure if we legally can throw him out with it being a joint tenancy. The other gaureantors are even threatening to move their children out of the property if he stays. The university has suggested that I write a letter to him on Monday giving him until the end of the week to move out due to not providing a suitable gaurantor, paying his rent on time and failing to meet me and return my calls. When the week I would change the locks and give him his belongings on his return to the house. Maybe arranging with the uni to take him to student halls. Am I legally allowed to do this?

Also having spoken to the gaurantors and other tenants, even if he pays his rent next week and finds a suitable gaurantor they are not happy for him to stay in the property as the trust is no longer there.
Any advise would be much appreciated.
Thank you

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Kat 20th November, 2013 @ 00:11

I am about to issue a Section 8 notice to a couple I have as tenants in a second floor flat in a converted house as they have pets (dog, cat, and a large fish tank of terrapins)when the 12 month AST contract they both signed says "no pets" -and they failed to mention them to me or ask permission.
I do like the tenants and they have been good for the 4 months they have been there and I have met the lovely pets too but it is not fair to the animals and definitely not to the neighbours when the sound proofing is minimal.
For Section 8, Ground 12 it states I should give them 2 weeks notice. As Christmas is coming (from both our point of view) I would like to instead give them till the end of the 6 months...which works out as about 2 months, and a week.
Is this okay to offer them a longer period to leave by?
Or am I giving myself more problems with the court if they still don't leave then and I didn't stick to the official(?) 2 weeks only?
Thanks in advance for any advice.
I need to issue this Section 8 tomorrow!

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Sandra dee 17th December, 2013 @ 02:10

Over the past 4 years we had a tenant at our upstairs flat. She was not necessarily been a good tenant as rent was late every month by 2 to 3 weeks and deposit remained unpaid during the second lease term after she asked if she could terminate the lease and gave notice then got her deposit back then asked to re-let the property from us and then did not pay deposit. However, we took pity on her as a single mother. Further, as the market rate increased for this flat we kept the rent very low at approx. GBP1000 below the market rate as she pleaded and told us she could not afford to pay more.

By August 2013 we gave her notice and said we needed to rent it out for what it was worth t avoid s falling into debt. As we were temporarily residing outside somewhere else due to work relocation, and rarely used our home downstairs over the past 12 months -the tenant asked us if she could move out from upstairs and rent this smaller flat. We agreed at least for 12 months with a 6 months break clause.

Since she moved in early in October, she has not signed the contract which I sent for her to review and send comments. When I reinitiated the process to move ahead with signing she said she would not sign due to a minor issue that arose after she moved in - we installed a new boiler through well known National supplier when she moved in . They seem to have fitted a wrong valve that does not allow the hot water to come on separately from the heating i.e both come on together, so that they need to fit another one. The valve is not stopping the flow of heating or hot water and although the engineer came to assess the issue straight away and is sorting it out

Up until Friday 13th Dec, she insisted that she will not sign a contract , or pay a penny until this issues is sorted. The week before that I sent her an email and text suggesting that I write a list any works in progress and completion date and attach that to the contract as an addendum so we are legally bound to complete. She never responded.

Now we are telling her that we no longer want to have her in the property as the contract has not been signed and rent is late/unpaid again She has refused was insulting and accusatory. However we are adamant that we will not be moving ahead with the contract and we need to move back to our home as a result of difficulties etc.

Over the weekend she has started texting incessantly, being even more aggressive and insulting on email and text and demanding that me or my husband bring the contract and she will sign for 12 months and is not leaving our home before then . She sent me a series of abusive, threatening and ranting emails over the past 2 days

It has got to the point that we are scared for the property. We need our home back ASAP and also we need to move back in as we are having difficulties paying both mortgage and rent elsewhere. As we has never rented out this property before how do we approach evicting her from our property ?

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mattersarising 10th January, 2014 @ 18:52

All these cases on here, and in all honesty it is a minefield. Although I am not qualified, I do seem to know the Housing Act 2004 pretty well, and am expert on the Localism Act 2011(protection of deposits) Also Protection from eviction 1997 covering illegal eviction, trespass to goods, possessions and correspondence and all the other bits that seem to be attached.
will help if I can but as stated not qualified, but have acted for myself in county,criminal (against landlord) and High court so not as daft as I look.

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Linda 3rd February, 2014 @ 08:31

I followed the procedure, issued the section 8, paid the court fee, got a date. She hasn't been back to the house so hasn't seen the possession order court date letter, so she didnt attand, and is adjourned til after the date her contract finishes.
I'm left with £1750 owing and a room full of her crap.
The legal system sucks if you're the landlord.
No idea what I need to do next and the court can't even be bothered to answer my emails.

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A.M. 26th February, 2014 @ 19:06

I have a tenant who is renting two rooms from me, he pays rent, but has broken the lease agreement several times. How do I go about properly getting him out of my house? I am a truck driver so I am not home on a regular basis. However, I am looking to be home more by attaining a local job, and wish to no longer have to deal with my tenant and his 17 year old son.I am in the state of Florida.

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suraj 27th February, 2014 @ 03:21

My lease with PNB is going to expire in a week. I have sent many letters and e-mail regarding emptying my premises but, i have not received and reply. The bank has decided to shift its premises to some other place but, it might take 2-3 months extra after lease period with shifting and all. So what shall i do to empty my premises if the bank is not ready to enter into a new agreement for 2-3 months and not showing any signs of shifting...

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aray 27th February, 2014 @ 22:46

We have had tenants in our house for 1 year the contract was only for 1 year and they were issued with the proper notice through our agents. But they have refused to go on the grounds that they can't afford to go anywhere else. I gave them another month but they still refuse to go. Now I have got a solicitor involved who issued them with a notice to leave the house within seven days. Or court action would be taken. They have stated that they still will not leave as they have 2 young children with nowhere to go. He earns 35000 a year and pays us 750 a month. But he says he can't afford to move. My flat has been sold so I will have to get out within a month. And I will be homeless. I need to get back into my house. How long will the legal process take and how expensive will it be. Can I reclaim the costs from my tenants deposit. They have continued to pay rent so far . But I have no contract with them now. If the courts rule in my favour will they have to get out straight away. Or will I have to get ballifs to remove them. Thanks ray

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Meg 5th March, 2014 @ 13:51

Can ur landlord give you a notice one day and evict you the next day to be out at five

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Nick 21st March, 2014 @ 12:30

@Sandra Dee - if she hasn't signed a tenancy agreement and has refused in the past you are in a bit of a pickle. She isn't squatting as you allowed her to move into the property without a valid AST and where aware of her there. The council will advise her to stay put, I would recommend contacting a solicitor but as a turn around you are going to be looking at 4-5 months before she is out ... unless the police happen to pop by after an anom tip and find a large amount of canabis in the entrance hall.

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Rosie 21st March, 2014 @ 12:39

Hi there, looking for a bit of advice. Me and my partner where due to be moving into a house my parents where renting privately. They served notice to the tenants to have them out at the beginning of March, however a day before they where due to be out, they phoned the agency and said they wanted to be evicted by bailiffs.

We are now having to stay in a hotel we cannot afford with our 7 month old baby as we moved out of our previous property. What sort of turn around are we looking at and how long will it take for them to be evicted / is there any way we can speed up the process?

My parents have been good landlords to them for 5 years (they are paying 800pcm rent on a 3 bedroom house in an area of London where market price is 1600), because they have not needed the extra money and are nice people and are being repaid with this.

Are we actually looking at 5 months in a hotel? What is the likely hood that they will appeal any letters received from the courts as they are after a council house.

Thanks

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Karen 21st March, 2014 @ 12:43

Aray - Even though a new AST has not been given the previous AST stands and is now a periodic one. I presume a s21 notice has been served? You can act on this immediately. Has a deposit been taken, if so, has it beeen protected with a Government Scheme? It will take about 4/8 weeks to evict the tenants especially if they are looking to be rehoused by the council. Give Landlord & Eviction a call on 020 8420 5419. They are experts in this field.

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Karen 21st March, 2014 @ 12:47

Rosie - Was it a s21 notice served on the tenants? They are obviously looking to be rehoused by the council, hence the 'bailiff' comment. Once the notice expires (so long as it is valid) then proceedings can be issued immediately with the court. If everything is in order with the paperwork then the judge will grant possession between 14/18 days and give a 14 day order. Once this expires, the tenants will wish for you to instruct bailiffs, this can take a matter of days or weeks, depending on how busy the court is. Call Landlord & Eviction Services on 020 8420 5419 who are experts in this field...

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Rosie 25th March, 2014 @ 09:30

Karen - yes it was a s21 served on them, they signed this at the start of the tenancy via the agency so not anticipating any problems as far as that goes, will def give the number a call though if anything goes wrong!

If they are after a council house, are they likely to appeal the possession notice if the judge gives them 14 days, or accept it and go back to the council once a bailiff date has been set? The last thing we need is an extension giving them 60 days and drawing the process out any longer!

I think it's outrageous that they are advised to go through this process, quiet disgusting how the courts seem to treat landlords, and side with the tenants all the time. They put a lot of people out - hence our extended stay in a hotel with a baby. I wonder if we can take them to a small claims court for the costs! ...

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Daria 2nd April, 2014 @ 13:33

Hi Rosie, we are at a similar situation with my husband. We were supposed to buy a new flat this week, but the tenant said he doesn't want to leave unless he gets housing benefit (he obviously got advice from welfare adviser to come up with something like that). I think now we are sending eviction notice which judge is supposed to sign, but I was told it might take up to 6 weeks. After the judge issues the order, the tenant can go to the council and ask for a flat. If after 2 weeks he is still there, we can call bailiffs, but I'm not sure how long it would take:( It did screw our plans completely, starting with moving out of our current place, needing to find a new place, cancelling holiday plans, asking our friends to visit us not in June but in September, and so on, and so on.

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Sanj 7th August, 2014 @ 19:12

Hello.
I need some advice - I served my tenants a section 21 several months ago and it expires next week. I have completed the n%b form for submission in order to gain possession. However, my tenants have told me that they will not leave even after the court order, as they want a council flat and will not get one until the bailiffs arrive. I am anticipating the process will take at 3 or 4 months.
The last rent payment I received takes them up to the date that the section 21 expires - my question is whether I can continue to accept rent while the possession process is underway, or will the courts view this as my acceptance that the tenancy will continue?
Ay advice would be gratefully received. Thanks!

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Arthur Kitson 4th September, 2014 @ 09:49

My tenants have refused to move out - after agreeing to the move-out inspection at the expiry of section 21 notice. The managing agents clearly didn't check them well enough - they are Armenians with a 'shady' history connected with drugs, prostitution, illegal immigration scams etc but are really smart, so have avoided criminal prosecution (though people around them have not).This was my family house, market in Hastings was slow, so I let it & took a mortgage on my new home in Suffolk.Tenant was slow payer (three weeks late each month!) until last month, when he paid nothing.Court rejected my N5B form for accelerated possession a\s they decided I needed to give them an extra copy to deliver to the wife! It seems that everything is against the landlord, no matter how good he has been.I have a buyer for the house - he has sold up, is in an inadequate flat pro tem & has been undergoing chemo for non-huntingdons lymphoma - really needs the security of my house which was well designed for someone with a disability. Meanwhile the tenants (who own several properties I now understand) can lord it over us all & just don't give a damn. I used a professional Managing Agent to find the tenant 7 to manage the property. They don't admit to having failed to carry out adequate & thorough checks & just thought they'd move out - right up to the last day of the notice.They then decided that they have no further part to play & we were on our own to sort out the mess.
How do we influence Govt to make the playing field more even, stop demonising landlords - & are there any come-backs on the so-called 'Managing' Agents?

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Ash 27th September, 2014 @ 18:43

i cant believe how much injustice there is (for landlords)the law needs to change.
at the end of ther day, we are merely offering a product/service and expect payment on time and our property to be taken care.
more over, i think councils needs to get themselves sorted as they are promoting tenants to stay in house ass ths is the only way the tenants will get a council flat/house.

This is a poor do. i too have/is being stung!

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Sarah 30th September, 2014 @ 21:40

I'm after some advice please.. We have Been in our rented house for over 3 years have had some finacial issues prior to moving in but since moving into this property have never missed a rents payment council tax etc.. Have been model tenants never asked for a single repair always treated the hous like it was our own then 2 months ago was given a section 21 we have 3 children so contacted the relevant housing association we are both working so thought it wouldn't take too long however only this week have we been given a house the problem is our section 21 is up and the landlady keeps harassing is to move out the house isn't ready until at least the end of the week we have paid our rent until the end of October.. Can she kick us out or do we have right to stay in until at least the 21st October? Another issue is that when we gave our deposit she didn't put it in a government bond my understanding is that she can't kick us out until she has either given us the deposit back or at least come to an agreement Am I right? I feel so frustrated by all of this as we have done nothing wrong have been model tenants but have been treated badley by the landlords

Thanks

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Nick 1st October, 2014 @ 04:42

@sarah - if your landlord is in contact with you, she is harassing you. If she comes by the house, tell her this and say you will contact the police. The system is very tenant sided so no worries there. Mention expired 21, eviction process and harassment and they will be all over her. If your landlord has not put your deposit in one of the three government backed schemes then you are in a position to ask for it back in its entirety. She can be sued for 3 times the deposit amount, for every year your tenancy has been ongoing and she has not registered it, so tell her to pay up, wait for you to move out and stop harassing you. Don't make yourself voluntarily homeless or the council will not help.

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Nick 1st October, 2014 @ 04:55

@ash - always make sure you have a rent protection policiy in place. Sorta you for rental payments if tenants can't pag, and eviction costs through the courts. Also, as much as most landlords seem to hate them, lettings agents can be miracle workers when you find the right local agent.

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Nick 1st October, 2014 @ 05:01

@sanj - if you are evicting on an expired section 21, i.e you want the property back after tenancy is up, And not for rent arears (section 8), then receiving rent will not hold up an application and does not factor in with the judges decision. If they refuse to pay the rent, you can take them to small claims court, although I would wait until they are are Out if this is the case.

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Arthur Kitson 1st October, 2014 @ 10:28

I've done everything properly & when section 21 expired I served papers for rapid possession. After 2 weeks for 'defense' the Judge considered in Chambers & granted 14 day possession order - on 22nd September. I now find that the Court has hardly any clerical staff & are nearly a month behind in processing the orders; they don't know when they will get round to my case & when they do the 14 days will start running from delivery of the order to the tenants. Meanwhile my overdraft grows (no income from house/outgoings on mortgage etc) and the family who want to buy the house are stuck in an inadequate flat - and husband is wheelchair-bound! When can a good landlord get a decent break?

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