Local council advising tennants how to legally stay in flats
Discussion
without paying
Namely Swindon Borough Council and namely my tennants and my flat. I'm in half a mind to just let myself in, change the locks and chuck the f
kers out considering their tennancy agreement lapsed last week.
They cannot then break in and its not my fking problem she's just droped a sprog 2 months ago
Namely Swindon Borough Council and namely my tennants and my flat. I'm in half a mind to just let myself in, change the locks and chuck the f
kers out considering their tennancy agreement lapsed last week.They cannot then break in and its not my f
king problem she's just droped a sprog 2 months agoGo in, change the locks, move their stuff onto the pavement and politely ask that they leave as they are in breach of contract by not paying.
Deal with the inevitable st storm later, at least you have your property back (hopefully in good condition).
What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
Deal with the inevitable s
t storm later, at least you have your property back (hopefully in good condition).What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
B17NNS said:
Go in, change the locks, move their stuff onto the pavement and politely ask that they leave as they are in breach of contract by not paying.
Deal with the inevitable st storm later, at least you have your property back (hopefully in good condition).
What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
Be warned - do this and no doubt you will soon be sporting a criminal conviction, with a heathy fine or even prison sentance. Make sure you do it right.Deal with the inevitable s
t storm later, at least you have your property back (hopefully in good condition).What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
to be fair, the tennants are not the type to damage the place. I am confident of that, however, they have been deceitful through the tennancy despite my leniency. They are upto date in full with rent and I've said we'll need to come to an agreement to sort out rent in the interim before they find somewhere. Council has told me they have found them a property to view tomorrow and hope to move them into next week but to say my throat is sore from the screaming I did (off the phone) is an understatement.
Fortunately I had not advertised the flat for new tennants so no one has been put out by this but if I had advertised and signed contracts I'd be right up the creek now.
Lets just hope they move them into the new house as I either want to sell as the markets picked up. Its just frustrating, thanks to a fk up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhere
Fortunately I had not advertised the flat for new tennants so no one has been put out by this but if I had advertised and signed contracts I'd be right up the creek now.
Lets just hope they move them into the new house as I either want to sell as the markets picked up. Its just frustrating, thanks to a f
k up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhereGarlick said:
Hang on, the council have sent a letter to YOUR tennants advsing them that they don't need to pay rent? FFS, I bet they don't do that for the properties they own. Incredible.
Basically they have told them they have a legal right to stay in the property and that I have to go via the courts to chase an eviction. With a 2 month old nipper what chances do you reckonB17NNS said:
Go in, change the locks, move their stuff onto the pavement and politely ask that they leave as they are in breach of contract by not paying.
Deal with the inevitable st storm later, at least you have your property back (hopefully in good condition).
What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
It's a criminal offence to do that and they will be entitled to seek anb injunction to allow them to go back into the property.Deal with the inevitable s
t storm later, at least you have your property back (hopefully in good condition).What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
If you have a formal tenancy agreement the only way to "force" them out is with a court order.
stigmundfreud said:
without paying
Namely Swindon Borough Council and namely my tennants and my flat. I'm in half a mind to just let myself in, change the locks and chuck the fkers out considering their tennancy agreement lapsed last week.
They cannot then break in and its not my fking problem she's just droped a sprog 2 months ago
and I'm not sure what you mean by lapse? If they were on an AST for 6 months and they are still in the property they have a periodic tenancy which still gives them legally enforcable rights. Unless you served a S21 notice to sever the tenancy they still have a right to be there.Namely Swindon Borough Council and namely my tennants and my flat. I'm in half a mind to just let myself in, change the locks and chuck the f
kers out considering their tennancy agreement lapsed last week.They cannot then break in and its not my f
king problem she's just droped a sprog 2 months agoIf they aint paying their rent you should serve a S8 notice. I would also serve a S21 notice as well in case they pay up on the arrears, so you can still get them out one way or another.
ETA: if they have a child things can be a bit more difficult even if you get your court order. They can apply to the court to suspend the warrant of execution under S89 of the Housing Act citing exceptional hardship. This means that the court can give them an extra few weeks to get out.
You need to seek specific legal advice on this to stop them freeloading for as long as they can, which is essentially what the local housing trust will be telling them to do.
Further ETA: if your letting agent served the S21 notice I would get a solicitor to check it over, letting agents are notorious for f
king these up. You also need to check the Lease to make sure rent is actually payable - did the letting agent provide your S47 address for service in the Lease? if not did they send a seperate letter with your address on. There is much you need to check before you start think about issuing possession proceedings...Edited by princeperch on Wednesday 13th May 13:06
princeperch said:
B17NNS said:
Go in, change the locks, move their stuff onto the pavement and politely ask that they leave as they are in breach of contract by not paying.
Deal with the inevitable st storm later, at least you have your property back (hopefully in good condition).
What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
It's a criminal offence to do that and they will be entitled to seek anb injunction to allow them to go back into the property.Deal with the inevitable s
t storm later, at least you have your property back (hopefully in good condition).What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
If you have a formal tenancy agreement the only way to "force" them out is with a court order.
stigmundfreud said:
princeperch said:
B17NNS said:
Go in, change the locks, move their stuff onto the pavement and politely ask that they leave as they are in breach of contract by not paying.
Deal with the inevitable st storm later, at least you have your property back (hopefully in good condition).
What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
It's a criminal offence to do that and they will be entitled to seek anb injunction to allow them to go back into the property.Deal with the inevitable s
t storm later, at least you have your property back (hopefully in good condition).What's the other option? £££'s in legals, they sit there rent free for months and then trash the place when they have to go.
The law is indeed an arse. I'd take my chances with the former option personally.
If you have a formal tenancy agreement the only way to "force" them out is with a court order.
stigmundfreud said:
Its just frustrating, thanks to a fk up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhere
Even if you were late with the saection 21 (2 months notice to vacate) you still DO NOT need a court order to move them out. A section 21 is notice of intended posession. You have given them fair notice. If i were you i would now be serving a Section 8.k up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhereFailing all of the above resort to plan 'B'
HTH
Matt
The Tea Boy said:
stigmundfreud said:
Its just frustrating, thanks to a fk up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhere
Even if you were late with the saection 21 (2 months notice to vacate) you still DO NOT need a court order to move them out. A section 21 is notice of intended posession. You have given them fair notice. If i were you i would now be serving a Section 8.k up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhereFailing all of the above resort to plan 'B'
HTH
Matt
princeperch said:
The Tea Boy said:
stigmundfreud said:
Its just frustrating, thanks to a fk up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhere
Even if you were late with the saection 21 (2 months notice to vacate) you still DO NOT need a court order to move them out. A section 21 is notice of intended posession. You have given them fair notice. If i were you i would now be serving a Section 8.k up at the letting agency they delivered the 2 months notice 2 days too late = 3 months notice and yet in that time the tennants have found nowhereFailing all of the above resort to plan 'B'
HTH
Matt
Gassing Station | The Lounge | Top of Page | What's New | My Stuff