Legal landlord question
Legal landlord question
Author
Discussion

worried chap

Original Poster:

12 posts

227 months

Monday 30th April 2007
quotequote all
Hello,

I'm a PHer posting under a different name, just in case.

I have a question about a flat I rent out. I rented it to a chap I took on trust, received the deposit, and let him move in. Since then I have received no money - I was meant to receive a month in advance. Basically a bit of digging has revealed some absolute whopping lies he has been telling me and others. He may well pay the rent after a chase, but to get to the point, I want him out. Now.

I want to do it within the law. I am also concerned with the lengthy timeframes involved.

Does anyone know of any means to get him out swiftly?

I would really appreciate any advice that may put me at ease.

anonymous-user

77 months

Monday 30th April 2007
quotequote all
Shite Rich12345, sorry Worried Chap, I though you were good at this sort of thing?

willmcc

758 posts

262 months

Monday 30th April 2007
quotequote all
two months to even start to get them out, am going through this at the mo

worried chap

Original Poster:

12 posts

227 months

Monday 30th April 2007
quotequote all
I feared this. Isn't there some 14-day thing?

Excuse the legal jargon

kiwisr

9,335 posts

230 months

Monday 30th April 2007
quotequote all
worried chap said:
I feared this. Isn't there some 14-day thing?

Excuse the legal jargon


Think that's only if you have one of those assured shorthold tenancy agreements.


Edited by kiwisr on Monday 30th April 20:46

UKBob

16,277 posts

288 months

Monday 30th April 2007
quotequote all
worried chap said:
digging has revealed some absolute whopping lies he has been telling me and others
Using your anonymity, praps you could elaborate.

Not a nice position to be in, good luck.

worried chap

Original Poster:

12 posts

227 months

Monday 30th April 2007
quotequote all
kiwisr said:
worried chap said:
I feared this. Isn't there some 14-day thing?

Excuse the legal jargon


Think that's only if you have one of those assured shorthold tenancy agreements.


Edited by kiwisr on Monday 30th April 20:46


That's what I have

kiwisr

9,335 posts

230 months

rich1231

17,339 posts

283 months

Monday 30th April 2007
quotequote all
garyhun said:
Shite Rich12345, sorry Worried Chap, I though you were good at this sort of thing?



LOL

not me sonny Jim..


no quick and Legal way to evict.

Try cutting power in a sneaky fashion... and water... wait for them to pop out.

get a locksmith.. with title deed in hand... drill locks... change... remember when challenged that the place is flooding.


Im not saying anymore.

Swoxy

2,842 posts

233 months

Monday 30th April 2007
quotequote all
If you're looking for a legal solution I recommend Landlord Action.

Wings

5,935 posts

238 months

Monday 30th April 2007
quotequote all
Much more information is required, type of Tenancy Agreement, term of tenancy, how long the tenancy has run, number of months of rental arrears. The earlier you start termination of tenancy the earliest the tenant can be evicted. There is a right way of doing the same, and any error, then the courts will side with the tenant.

You need to obtain as much personal details on the tenant as possible, employment, previous address, National Insurance No., vehicle registration etc., this is in order to process and chase the debt/rental arrears.

I have to hand all legal Notices for you to both process the eviction notice and to seek to recover the debt/rental arrears.

worried chap

Original Poster:

12 posts

227 months

Monday 30th April 2007
quotequote all
I considered the booting out option, but apparently I could go to prison. Don't fancy that much.

If I want to move back in myself, doesn't that help?

J500ANT

3,102 posts

262 months

Monday 30th April 2007
quotequote all
If you had all these lies in writing, couldnt you go to the Police and pursue a Obtaining Goods by Means of a Pecuniary Advantage? (I think thats the phrase)

Wings

5,935 posts

238 months

Tuesday 1st May 2007
quotequote all
worried chap said:
I considered the booting out option, but apparently I could go to prison. Don't fancy that much.

If I want to move back in myself, doesn't that help?


Yes, together with any rental arrears, but you will still have to issue the correct legal Notice.

southendpier

6,031 posts

252 months

Tuesday 1st May 2007
quotequote all
[url]http://england.shelter.org.uk/advice/[/url]

good reading here.

You have good grounds to evict - if you do it properly.

ProPlus

3,810 posts

263 months

Tuesday 1st May 2007
quotequote all
instead of calling it eviction, isn't it breach of contract as the tennant lied to start with to get the contract?

Sort of like if you lied to get a job, they find out, instant eviction?

Is it not the same?

worried chap

Original Poster:

12 posts

227 months

Tuesday 1st May 2007
quotequote all
Thanks for your advice everyone. I'm kinda feeling brighter, but still have a feeling of impending disaster.

I love stress when it's related to things under my control, but I hate this

worried chap

Original Poster:

12 posts

227 months

Tuesday 1st May 2007
quotequote all
ProPlus said:
instead of calling it eviction, isn't it breach of contract as the tennant lied to start with to get the contract?

Sort of like if you lied to get a job, they find out, instant eviction?

Is it not the same?


If only. I appear to be responsible for housing him. Perhaps I should be cooking his dinner for him too.

rich1231

17,339 posts

283 months

Tuesday 1st May 2007
quotequote all
worried chap said:
ProPlus said:
instead of calling it eviction, isn't it breach of contract as the tennant lied to start with to get the contract?

Sort of like if you lied to get a job, they find out, instant eviction?

Is it not the same?


If only. I appear to be responsible for housing him. Perhaps I should be cooking his dinner for him too.


no such thing as instant eviction

superlightr

12,920 posts

286 months

Tuesday 1st May 2007
quotequote all
Wings said:
Much more information is required, type of Tenancy Agreement, term of tenancy, how long the tenancy has run, number of months of rental arrears. The earlier you start termination of tenancy the earliest the tenant can be evicted. There is a right way of doing the same, and any error, then the courts will side with the tenant.

You need to obtain as much personal details on the tenant as possible, employment, previous address, National Insurance No., vehicle registration etc., this is in order to process and chase the debt/rental arrears.

I have to hand all legal Notices for you to both process the eviction notice and to seek to recover the debt/rental arrears.


As Wings has said - whats the detail

When did he move in, do you have a tenancy agreement, when did he pay the deposit. Hope for your sake it wasnt after the 6 April 2007.