Anyone familiar with a tenants legal rights
Discussion
Sorry to be posting such a drab subject but Basically tenant owes us for 6 months rent and was supposed to be moving out tomorrow but now states this will be in 3 weeks time (even though doesn’t really have much right to be there and still paid nothing)
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
Jack.77 said:
Sorry to be posting such a drab subject but Basically tenant owes us for 6 months rent and was supposed to be moving out tomorrow but now states this will be in 3 weeks time (even though doesn’t really have much right to be there and still paid nothing)
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
Get a free consultation with a solicitor if such a thing still exists. I don't think your strategy will hold water - I've been there and unfortunately the legal route is the only way to go.I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
Is "meant to be moving out" shorthand for " having served the correct Section notice, and having successfully applied to the Court for an eviction, bailiffs are due to attend to evict the tenant, but he's turned round an mentioned it might not be convenient next Tuesday"?
If not, you'd better hope the tenant knows less than you do. Good luck.
If not, you'd better hope the tenant knows less than you do. Good luck.
Jack.77 said:
Sorry to be posting such a drab subject but Basically tenant owes us for 6 months rent and was supposed to be moving out tomorrow but now states this will be in 3 weeks time (even though doesn’t really have much right to be there and still paid nothing)
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
You can't just change the locks, you need to serve the tenant notice and get a court order for eviction.I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
randlemarcus said:
Is "meant to be moving out" shorthand for " having served the correct Section notice, and having successfully applied to the Court for an eviction, bailiffs are due to attend to evict the tenant, but he's turned round an mentioned it might not be convenient next Tuesday"?
If not, you'd better hope the tenant knows less than you do. Good luck.
Yes basically the agent had served the 8 eviction notice but I agreed I let him stay slightly longer until the original tenancy contract expiry date (which is tomorrow) as he had various promises on paying which amounted to nothing .he then waited until today to then say he won’t be moving out tomorrow .i get the feeling I’m better off going to the courts ASAP to get the enforcement date before it goes on much longer ? But I’m really not familiar how the whole ridiculous system works If not, you'd better hope the tenant knows less than you do. Good luck.
Jack.77 said:
Sorry to be posting such a drab subject but Basically tenant owes us for 6 months rent and was supposed to be moving out tomorrow but now states this will be in 3 weeks time (even though doesn’t really have much right to be there and still paid nothing)
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
What kind of law enforcement officer are you planning to rent?I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
This thread might help. https://www.pistonheads.com/gassing/topic.asp?h=0&...
As suggested, get professional legal advice. You have funds set aside for that, don't you?
As suggested, get professional legal advice. You have funds set aside for that, don't you?
Jack.77 said:
Sorry to be posting such a drab subject but Basically tenant owes us for 6 months rent and was supposed to be moving out tomorrow but now states this will be in 3 weeks time (even though doesn’t really have much right to be there and still paid nothing)
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
No it is NOT, you will need to issue a Section 8 four (4) weeks Notice to your tenant, and then seek repossession of the rental property through the courts.
Changing locks could lead the tenant to claim unlawful eviction, harassment, trespass and breach of a quite enjoyment covenant.
I suspect he would not vacate by this date anyway
Does anyone know is it possible/ within the law to write up a legally binding contract of some sort which would state if he doesn’t vacate by his new stated date then the locks would be changed the following day with a law enforcement officer ?
No it is NOT, you will need to issue a Section 8 four (4) weeks Notice to your tenant, and then seek repossession of the rental property through the courts.
Changing locks could lead the tenant to claim unlawful eviction, harassment, trespass and breach of a quite enjoyment covenant.
Edited by Wings on Monday 26th April 18:29
It's unlikely you'll see the cash again, so drop a hint to the tenant that if he fSeveral similar posts on PH to yours , the following link indicates one such landlords nightmare:- https://www.pistonheads.com/gassing/topic.asp?h=0&...
A landlord in your position needs to treat the situation as a commercial transaction, the tenant is sitting in the driver's seat, make it commercially viable to the tenant to vacate the rental premises. Firstly offer wiping out rental arrears, then offer cash incentive for the tenant to immediately vacate the property. What ever you decide, agreed, make sure the same is agreed in writing with the tenant.
Do read the above link, a good example of how a situation can escalate and become a financial nightmare for the LL.
A landlord in your position needs to treat the situation as a commercial transaction, the tenant is sitting in the driver's seat, make it commercially viable to the tenant to vacate the rental premises. Firstly offer wiping out rental arrears, then offer cash incentive for the tenant to immediately vacate the property. What ever you decide, agreed, make sure the same is agreed in writing with the tenant.
Do read the above link, a good example of how a situation can escalate and become a financial nightmare for the LL.
Yes; they have lots, you have very few. Bribery is indeed one of the more expedient routes to getting hold of your property, although “if you leave now we won’t talk about the outstanding rent any more” doesn’t really qualify - they weren’t going to pay you anyway, why would they move out and pay you?
And whatever you do, don’t be a f
kmuppet and write it down!
And whatever you do, don’t be a f
kmuppet and write it down!If s8 notice has expired and they are still there, your next step is applying for a possession order.
Under current rules, you need to provide a statement to the court on what you know about effect of CV on your tenant. Costs £325 to file the claim.
If you get a possession order (and you won’t be seeing the DJ for a good long time, cos busy and courts are f’d) and they don’t leave by the date on the possession order then you need to apply for a warrant of possession - that’ll cost £121 and will get you a bailiff at some random point in the future. You could transfer the warrant to high court, and get high court enforcement officers to carry out the eviction. Should be faster.
Under current rules, you need to provide a statement to the court on what you know about effect of CV on your tenant. Costs £325 to file the claim.
If you get a possession order (and you won’t be seeing the DJ for a good long time, cos busy and courts are f’d) and they don’t leave by the date on the possession order then you need to apply for a warrant of possession - that’ll cost £121 and will get you a bailiff at some random point in the future. You could transfer the warrant to high court, and get high court enforcement officers to carry out the eviction. Should be faster.
Oh, and no, you can’t make up an enforceable agreement. Cos there is quite a bit of law already setting out quite specifically who can do what to whom, when and how.
Course in the good old days you and a few of your old army or rugby club mates could pop round for a chat and things would be sorted amicably. Ish. Never mind about the widow & orphans. How else do we get servants and prossers desperate enough to work for buttons.
Course in the good old days you and a few of your old army or rugby club mates could pop round for a chat and things would be sorted amicably. Ish. Never mind about the widow & orphans. How else do we get servants and prossers desperate enough to work for buttons.
IIWY I'd serve him a S21 notice immediately. It's a 6 month notice period but if you are having problems with a S8 eviction (I had some major ones) then it's a good backup if you need to go down the accelerated possession route.
Also pay him to leave if you have to, it may go against the grain but it's cheapest way to get him to leave.
Also pay him to leave if you have to, it may go against the grain but it's cheapest way to get him to leave.
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