I’m Evicting My Tenant

I'm evicting my tenant

It’s come to this.

It really has.

On the 15th of July 2009 my tenant will have officially fallen 2 months in arrears and she will owe me £1.5k. Unfortunately, I have no confidence in the parasite to come good with the doe.

She’s already given me every damn excuse in the book, and to be honest, I don’t give a shit if her excuses are genuine or not anymore, because I’m bored of her excuses, and I still have a mortgage to pay.

At first, I was like, “ok, this woman has genuine financial issues going on, I’ll let her pay a few weeks late”, but she’s taking the piss and dragged this on for far too long.

She’s blatantly taking advantage of the small window of opportunity I’ve given her. Last week she said on multiple occasions that she would put “some” of the money in my account. That never happened.

My tenant is scamming the system.. and no one cares!

Funny thing is, she receives social benefits from the council to pay her rent, so she’s obviously doing something else other than paying her rent with the money. She’s probably buying crack and injecting her eyeballs with it, courtesy of us tax payers. Lovely.

The council (the people providing her with her housing benefit) don’t seem to care. I called them and explained my situation, and also enquired whether or not she was receiving her benefit cheques. They basically said they couldn’t tell me anything in regards to her financial status, and I was like,

don’t you care that she’s not paying her rent with the benefits she’s receiving, which is meant to be going towards her rent?

The woman on the other end basically didn’t care one bit. She sounded like she was oblivious to what I was saying… or just simply numb to hearing about how the system is so woefully corrupt.

It’s no wonder people take advantage of the system and cling onto social benefits, because it’s so damn easy to scam it. Even when the right people are made aware of what I consider to be pretty severe exploits, there’s still little to no action taken.

Well, if it’s THAT easy to take tenancy in someone’s property without paying a penny, I think I’d rather do that than pay my own mortgage.

My tenant is ignoring me!!

My tenant won’t pick up the phone when I call, nor does she return my messages.

She’s clearly avoiding the situation, which is the worst thing she can do right now, because now she’s going to be unexpectedly hit with a valid eviction notice, which gives her 14 days to get the fuck out of my property, or she can expect to have a warm seat waiting for her in court.

Fortunately, I took out a RGI (rent guarantor insurance) policy with Home Let, which basically covers 50% of my rent if my tenant fails to make her monthly payments. They will also cover all my legal costs if my tenant happens to breach her contract (which she has), which allows me to evict her DUMB FUCKING ASS without paying a penny!

I hope this is the bitter start of a miserable life for her. The bitch is abusing the system, and I hope she gets thrown out onto the streets, which forces her into a life of prostitution and rat-burger fuelled diet.

How to evict tenants

If you’re experiencing problems with tenants and you believe you have grounds to start an eviction process, you can find out more about How to evict tenants & getting rid of bad tenants.

All the best to everyone else who is in a similar infuriating dilemma! Stay strong!

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346 Comments- Join The Conversation...

Showing 296 - 346 comments (out of 346)
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stressed tenant 17th November, 2011 @ 15:13

Cat
You may have had the tenant from hell however there are LEGAL ways of getting rid of them. What you did was to break the law! I hope he prosecutes you because what you do is to tell other landlords (just as you have by writing on this thread) that it is ok to break into people's homes and do what you like.
There are clauses in lease agreements that state that tenants can have and enjoy a property, if they are not compiling with their part of an agreement TAKE THEM TO COURT! That what the legal system is for.
You may think you are very clever I think you are stupid and ignorant.
Rise above it and do things the proper way.

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angrytenant 17th November, 2011 @ 15:45

Cat,

You sound like my current landlord. This forum is not for jokes and should be used as a constructive means for people to air their feelings and seek advice from like minded individuals in similar situations.

If you read my threads you will clearly see that there is never a case for a landlord to behave in this manner. It is for precisely these types of reasons that I am going to abandon my flat because I am trying to deal with a person who simply views life and morals through a different paradigm. Once you have tried to reconcilliate and play the good tenant there is nothing else to do but to take affirmative action to safeguard my own financial and mental prosperity.

As a landlord aswell I find your actions despicable, and guess what I find that if you treat people the way you yourself would wish to be treated then life usually becomes easier for all involved. That said if people still don't play ball then please feel free to go through the appropriate actions but always remember that you should be minimising friction and collatteral damage not maximising it!

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Benji 17th November, 2011 @ 21:19

angrytenant-"This forum is not a joke"
Oh yes it is!

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stressed tenant 17th November, 2011 @ 21:59

Benji - Its only people like you and your comments that are the joke!

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Benji 18th November, 2011 @ 13:14

Stressed,
Pleased to keep you amused!

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Kate 22nd November, 2011 @ 17:09

Can someone help with my situation? My house is sublet by a very incompetent letting agency which means I don't have first hand information of my tenants.The tenancy agreement expires at the end of this month. The rent is at 2 months arreas. Both section 21 & section 8 notices have been served. I only found out both my tenants are on housing benefit. I asked my agency to try to make a deal with them. But the woman said she won't move until January and she won't pay either. They have a guarantor which is a homeowner. I'm thinking of eviciting them, but beause both of them are on benefit, the chance to recover the rent and legal cost is little. Also I'm not sure if I can recover any money form their guarantor. Also, I'm not sure if they will defend once I go legally as right after first month of the contract, they have delayed to pay rent. When I tried to used 6 month break claus to ask them to leave, my house was burnt(although they said they have nothing to do with the fire). After that , they always found faults with my house. My heart is bleeding now. I spent nearly 50,000 to refurbish my house, the house was brand new when i let to them. Every month half the rent went to repairs thanks for my lovery letting agency. Even this month my agency still carried out a repair for them! So, at court they can easily defend themselves for disrepair althoug it's not true. Also, for the same reason, coucil can decide not to pay their benefit to my account.Also can anyone have a clue how much housing benefit they can get with 2 children? Once they defend, it'll be very lengthy and costly. Does anyone know how long it generally takes to evict in London? I have so much to ask. Can anyone help? Any information or advice will be highly appreciated!

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paddy 22nd November, 2011 @ 19:18

hi kate
sorry to hear you situation ive been a landlord for 15 year and have seen it all.
e- mail me on patrick@kettyle.com
let me know who served the section 21 and when ?
date tenancy expires.

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Stressed Tennant 22nd November, 2011 @ 19:30

You can go the 'fast route' for court action but it will still depend on how backed up the courts are which could be a few months. There is no doubt you would win but would they take any notice and then you would have to get bailiff's etc so thats more cost with little hope of any costs being returned.
I have to say what the hell has your rental agent been doing in all of this? For a start they should not be doing any repairs. Just give the notice and thats it. If they are not paying their rent and the notice has expired then they are living there illegally so you have no obligation to carry our repairs!!
Why hasn't the agency started going after the guarantor? Thats what they are there for, thats the point of having a guarantor, make them all start earning their money.
You need to get on top of this now because the tenant is hardly likely to want to move until after christmas but at least you can get your rent till then. You need to start making sure they know they won't get away with it. If the tenancy agreement is solid then the guarantor is liable. Wait till the tenant breach's the agreement and go after the guarantor.

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Benji 22nd November, 2011 @ 22:35

If your section 21 is all correct, put a claim for possession in at the end of the month when the tenancy ends.
Then claim for the arrears and/or go for the guarantor.
Should have possession by January.

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froggy the doggy 24th November, 2011 @ 11:09

erm, immediately apply for thr benefit to be paid to yourself, automatic rights if 8 weeks in arrears. To check you LHA allowance just go online, you need to know ages and sexs of the kids for the bedroom calculator.It costs between 150 and 180 to go into court for apossession order, no biggy, and you dont need a solicitor.
sack the agents, replace with a tought one.
good luck

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Kate 24th November, 2011 @ 17:26

Does anyone know Legal4Landlord, is it any good? Apparently they are suggesting me using their platinum service. Will the tenants automatically get a CCJ if they are evicted under Section 8 Notice? Also does anyone know if tenants put defence how long does it take and how much longer it will take?

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angrylandlord 25th November, 2011 @ 16:30

Hi Cat

That was a great idea, i hate these low lives who make my whole life in misery. And what happened now? I really don't want to waiting up to 6months or even a year to evicting them and nothing will be recovered since both of them are on benefit.

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angrytiger 2nd December, 2011 @ 02:46

I came across this link that says an eviction notice and notice to quit are the same thing. Is this true? I also read in a forum debate in landlordzon.co.uk that notice to quit is not the correct term to use as it is called eviction notice.

the link that says eviction notice and notice to quit are the same is the following site, however I couldn't find the link for landlordzon.co.uk. Can some advice me? I will recieve the reply via email:

http://noticetoquit.info/eviction-notice/eviction-notice

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The Landlord Avatar
The Landlord 2nd December, 2011 @ 07:22

Hi angrytiger,

They're the same thing! They both refer to a Section 8- notice to quit!

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Benji 2nd December, 2011 @ 11:19

Angrytiger,

Don't get confused with a 'Notice of eviction' (N54) which is a bailiffs warrant. This states the date and time the court bailiff will carry out the eviction and hand over possession to the claimant.

It is not the same as the initial notice landlords have to give before they can apply for a court order.

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baz 4th December, 2011 @ 17:48

does your landlord pay income tax and cgt? Theres a good chanCe he does not. contact HRMC and give them his name and address and the address of the btl property and invite them to investigate their financial affairs?i come across numerous landlords in my work and forward their details to HRMC without exception. Extraordinary results!

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dave 8th December, 2011 @ 15:22

hi,as a small time landlord im sick of seeing tennant make out where all loaded and should allow them to stay in my property so the can scam housing benifit,and spend the money on boose and fags now on my third problem tennant in four years,my mortgage on property is£350 and rent is £400 leaving £50 pounds per month ,after gas certs insurance etc and repairs im left with may be £100 per annum. if some one fails to pay rent the mortgage has to be payed from my familys food bill,leaving me worse off than if i were on benifits,why should i suffer because some low life wants to get drunk on there housing benifits.im sick of hearing we are on benifits its not our fault.just hand over the rent you ve been given its not extra income.

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Ann 7th January, 2012 @ 00:41

Hi, I am both a landlord and tennant, not though choice I might add, one of my children was seriously bullied at school and we move catchments to get him in onthe school, we didn't want to sell our house, so we rent it out, and rent one close to the children's new school, any way my point is....... We rent our house out with a agent , our rent is very rarely paid on time, but I never moan, when the agent rings me, I will always give them extra time, in the current climate it is all give and take, we have had work men in our house and have come back and told us the house looks really tired and is not good, the tennants keep breaking things and we appear to keep paying out for it, but that is what you get as a landlord, we knew what we were getting into before we did it, I am just gratefull that at this time of year someone is living in it, what with frost and the plumbing ect, my tennants have always been pleasant when we have spoken to them and visa versa, they have a big German Shepard that they did not tell us about plus 1 other dog, but we just let it go, life is to short to keep moaning..... On the other hand the house we live in the curtains blow when it is windy, I can post a letter through the side of our front door without using the letter box, we had to try and repair kitchen shelfs before we put anything away without the 6 hour clean up before we moved in, the door hands keep coming off in our hands and the gas fire we have just noticed is not turning off properly , and cause the landlord only bought the property in november,all this is gonna have to wait till summer, buti. The mean time do we get a reduction in rent NO..... So you see I will never be a nasty landlady as I know what it is like to be on the other end, please bear in mind what your tennant is going through, cause there is always 2 sides and please tennants don't all think that land lords are nasty and out to make money, cause personally we are not, we are going through all this so our children can have a Better school life :-)

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rick 14th January, 2012 @ 14:06

i am a landlord and the problem is tennent gets the money from housing benefit and spend it on themselves no more dss tennents waste of time unless it gets paid direct.Full of excuses ive heard them all.

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poor landlord 16th February, 2012 @ 20:25

Kate
If u dont mind me asking what r the initials of the tenants u had because i have just let my prop out to 2 very similar ppl with 2 kids and am having the same probs!

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Rich lamine simmons 26th February, 2012 @ 18:41

The rental house I live in was broken into through the kitchen window, the landlord had not provided window locks so my insurance wouldn't pay out, I had to pay to board it up. He visited and was more concerned with his ladders being missing than my tv watch collection and laptop. This was in November guess what it's still boarded up. The boilers broken no gas safe for the fire . When I questioned him about replacing my watches he said it's not his responsibility it's the letting agency who processed the let even though he manages it now . He started asking if I had emailed the let agency I informed him I had spoken to them on the day I was shown around. Therefore I'm not paying the rent any more, even more so I rent out a property and imhave never treated a tennant like this. I'm moving out his lose

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Jeremy 28th February, 2012 @ 01:13

Hello Rich,

I'm sorry to hear your story, but just for the benefit of other readers: It is not up to the landlord to ensure the security at the house is good enough for any given tenant's insurer's security requirements, which might be quite particular to that insurer. But they should not prevent you bringing the house up to standard if they won't do it themselves.

Apart from that, it looks like you've been treated pretty rubbish.

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fed up 28th February, 2012 @ 14:46

my landlord lives next door my drains are blocked yet again i have been and told him all he could say was oh bugger i week later still not sorted he says he no time to rod them been told not to use my downstairs loo
i do not flush anything down the loo the shouldnt be and the blockage appears to be in the neighbours side there was a lot of building work done there 2 years ago since then the drains have backed up 3 times i moved in here due to the downstairs loo as i am disabled, do i hacve the right to get someone in and take it from the rent, the landlord as no gone way and not left me with any contact numbers in case there are any problems

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Jeremy 29th February, 2012 @ 21:21

Hello Fed Up,

You have asked the same question all over this Blog. I know you're keen for an answer, but asking just once is enough. The answer is here:
http://www.propertyinvestmentproject.co.uk/blog/i-hate-my-fucking-landlord/

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fed up 29th February, 2012 @ 22:31

sorry wasnt sure if all were by everyone not sure how this work,he as informed me 15min ago he will have to get somebody in to see what going on, he is not very happy as it lookes like a collapsed drain as he was trying to rod them himself today and made no difference i dont want to flush my loo due to everything going over my path but have no choice thanks for all the info

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elsa 7th April, 2012 @ 11:37

hey my bf and me are having promblems with his mum living here with us she has her name down on the leese but she has been stressing us out wonder if u be able to help

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froggy the doggy 7th April, 2012 @ 11:49

its her lease then? Why dont you and the BF move into your own place? Without details of contract, ownership, and tenure we cant advise you very well.

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elsa 7th April, 2012 @ 12:53

its bf and her lease it was just bf originally and after she put her name down on lease the problems started worse than before

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Jeremy 8th April, 2012 @ 12:54

Hello elsa,

Please direct your query to a website specialising in helping people with relationship issues.

Any atempt to use clauses in a lease or tenancy agreement to stop behaviour is going to end in more problems for you.

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fed up 23rd April, 2012 @ 14:41

how long does a landlord have to fix a door that will not lock my upvc door will not lock we have no other means of securing the door no bolts no chains etc i am a female on my own tonight spoken to landlord who says leave it with him it now 3.30 told him at 9am nobody been and landlord not amswering phone, my insurance is not valid if door left open

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fed up 24th April, 2012 @ 11:16

update on post ment 9pm, it now 12noon on 24th still can not lock front door landlord says it only been fited 8 years ago it shouldnt have broke, we have had to tie the door shut my husband is going on nights tonight meaning i will be in the house on my own, we have no gate we can lock iand my insurance is invalid spoke to him again this morning and all he says is leave it with me what can i do it needs a new front door as the whole thing as warped would i legaly be able to do the work myself and deduct from rent my family have do other jobs for me i have uncle s who are plumbers joiners etc but they can not fit a new door free
they will do it a cost

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Bitchhasgottogo 24th April, 2012 @ 16:11

Hi there,

I am seriously considering getting my brothers to go around my flat and kick this bitch out of my house. So much for helping a friend! There's no agreement/contract between us and I figured if I move back in to the other spare room I can kick her out and change the locks. What'S the worse she can do? Call the police? They can't do anything as it's a civil matter. Sue me? How? There's no agreement/contract.

Am I missing something? Any advice is much appreciated.

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fed up 24th April, 2012 @ 16:48

so need a new landlord if you want me as a tennent contact me

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gor 15th July, 2014 @ 15:23

this is a bit of a scary website. at the top of the page we have a definite approval of violence in regard to eviction, plus possible sexist language and hate speech. this will give encouragement for the sort of actions taken by 294. presumably the gentleman in the picture doesnt know about this misuse of his image. perhaps landlords who dont want to stay within the law should find some other occupation.

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Janse01 6th September, 2014 @ 10:34

Having been a landlord for many years now. I can honestly say, that I would never rent to anyone in receipt if benefits. I'm sure there must be a pocket of individuals in the benefit system that are genuinely in reciept of benefits for gd reason. However in my opinion and experience they're all scum. Fookin parasites that will take advantage of anything they are able to. Human size rats with even bigger rats (council) aiding there scumbag ways.
Benefit scum - don't rent to them there patasites

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kaz 4th January, 2015 @ 17:04

Can annoyed tenants that are being pushed out of there home also chat on here.

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kaz 4th January, 2015 @ 17:10

Janse01, What a dickhead you are, lets hope you never get ill and have to give up work as you will have to live in the gutter as you are to cool to ask for help. Get real

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kaz 4th January, 2015 @ 17:44

Can anyone advise me, i am a tenant and lived in my flat for 7 years,for the 1st 4 years i was working and payed £700 pcm. I lost my job due to illness and housing benefit took over my rent but they only pay £600 pcm and i had to find the other £100 out of my £140 fortnight ESA, which i was finding diffulcult to afford.My landlord being the kind guy he was said he will drop my rent to £600pcm which i was happy about, this was a verbal contract and housing benefit have been paying for the last 3 years.Last August my landlord wanted to sell the flat and i was sent the section 21. i was advised to stay put which i did, i then got a possession order from the courts which gave me a chance to put down my defence on why i feel it was unfair to kick me out of my home.My landlord was not happy with my defence as the possession order was sent in September and the courts have not yet granted him a eviction order yet.Anyway just before christmas he sent me a email stating he is going back to the courts for a section 8 for rent arrears. He is now saying that the rent is £700pcm which is on the ATA and i have only been paying £600 for the past 6 years. I am so angry with him and i guess he has now got me on this arrears shit which i am not as we agreed on this and he has been taking £600 for 3 years. I am now worried sick that bailiffs will just smash my door in and order me out. I knew without arrears i was safe but now my landlord is lyeing and playing dirty i am not sure. Any help out there please. KAZ X

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kaz 4th January, 2015 @ 17:47

Sorry £600 for the past 3 years.

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Benji 4th January, 2015 @ 19:07

@Kaz,

Whether your landlord follows the section 21 or section 8 route, the bailiffs can't just kick your door in and order you out without a court possession order- in that order you will be given at least 2 weeks prior notice.

I would guess the section 21 delay was due to the Christmas holidays and the section 8 threat is just a bluff at this stage.

Having said that, I think it is you acting unfairly.

Who was it that advised you to stay put?

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kaz 5th January, 2015 @ 14:51

Benji,Thank you for your advice, i know it may seem like i am being unfair but i have made my home and am scared of moving on. I live in London in the town i was brought up in,i can not stay in this area when i move as 1 bedroom flats are now 850pcm which i can not afford so i will have to move away on my own away from my family & friends to get cheaper rent. I moved into this flat after fleeing from a very abusive husband of 23 years, i left my 3 bedroom house with just my clothes that i was wearing. I payed my depoist and 1st month rent and picked up my keys to what i thought was my safehome which it has been for 7 years. I have only had my landlord out twice in that time for repairs as my dad as always done most things so not to bother my landlord. It is more the lyeing about the rent that has really upset me, and i do understand it is his flat and he wants to sell up but i need more time, i have been looking for a flat but i have a dog a all the places i have seen will not accept dogs and i will not give her up she is all i have.

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kaz 5th January, 2015 @ 14:54

It was local housing that told me to stay put till he has followed the three steps in order to get me out

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Benji 5th January, 2015 @ 17:23

Kaz,

I'm not 100% sure on this but I think your verbal agreement supercedes the written agreement- provided all actions were in accordance with that. i.e The landlord has not been chasing you (with proof) for the £100 'arrears'.

I think it would be a good defence against any section 8 claim.

Best people to ask are your local CAB, housing authority or Shelter, telephone 0808 800 4444 (open until 8pm).

But eventually, your landlord will get his section 21 act together and you will have to leave.

Regarding your dog, many landlords automatically say "no pets" but are open to persuasion if you try- you need to be prepared for a lot of rejection. Be aware a lot of blocks of flats have strict no pets rules so the landlord can't allow it anyway.

Good luck.

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kaz 5th January, 2015 @ 22:04

Thanks Benji, My landlord was fine with £100 less for his rent for 3years it seems now that he has pulled this out now as a reason for eviction which is now making me feel bad as i would never be in arrears but he is now saying i am. What was a nice guy has become a bully.I will get to crb asap, do i need a solicitor.I am thinking this guy is not going to let 3years arrears build up and only act now when he wants me out. This is so soul destroying as i know i am in the wrong for staying put but i also need more time. Thanks again Benji x

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Benji 5th January, 2015 @ 23:08

@Kaz,

Ring Shelter and keep to the point.

i.e you are defending a section 8 claim because of a verbal agreement to pay the lower rent of £600. It has never been disputed since mutually agreed 3 years ago.

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kaz 5th January, 2015 @ 23:55

Hey Benji,Thanks again.And your right he has never asked for the extra to this date, and he is still taking £600 every month. Shelter will not help me, we have ship in London and as i have no drug,drink or mental issues or dependents i do not qualify for housing. I feel now that i need to find a nice little shack at the coast for me & my dog but dont want to be rushed. xx

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Caz 17th August, 2015 @ 15:09

Hi Kaz, you and I have word for word identical details, things are good verbal until they want you out, I am a fair person and don't blame landlords wanting more rent or property back but when they are friendly and your been renting a property off them for so long ( 10 years for me) it's so upsetting to come home to a section 21 on your door mat without them so much as picking up the phone and letting you know. I'm in the second part of my process and dread every day until a letter drops on my mat! It's been 7 months for you now, what happened in the end?

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Caz 17th August, 2015 @ 15:13

Ps I love Ann, such a fair nice individual, wish there were more people out there like her! But I'm such a great believer in Karma, YOU KNOW WHO I MEAN!

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Carmel 23rd February, 2017 @ 16:38

Wonder if anyone can advise me a novice landlord. I have a lovely couple with 2 kids renting and now I discover that the brother of one of the adult tenants.. who is an adult student is living at the property. I know nothing about him, history or anything. then I think he is not my tenant and I don't think he is paying anything although not sure of that. My question is do I need to do referencing etc on him? what is the situation with landlord insurance?? as it soon due and his name is not on it. I really don't mind him living there but am a bit aggrieved that permission was not requested as Ten Agreement does state no subletting. I am a decent landlord and do things properly. Thanks in advance

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Andrea 23rd February, 2017 @ 16:47

Carmel,

I don't think it is a sublet being a relation. Not even sure he has to notify you, except as a courtesy to yourself :)

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Graeme Miller 23rd February, 2017 @ 16:56

As a landlord, you have a responsibility to ensure any adults living in your property has the 'right to rent' in the UK. This includes all your tenants and any other adults living in the property with permitted occupation. These checks usually fall under the umbrella of referencing. In terms of landlord insurance, you're best checking with your policy provider.

In reality it's probably fine, but equally it's not a big deal to check and do the process justice.

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