Tenants Rights - Stay of Eviction
Discussion
My tenants have not paid rent for 6 months. They were claiming housing benefit fraudulently and I informed the council of such. The council are now likely to claim back approx £3.5k from me in payments.
Some good news, I have now the 'Notice of Appointment (with bailiffs)' from the courts. I sent the confirmation slip to the courts to accept the date suggested. They respond by saying the tenant could apply for a 'Stay of Execution' which will delay the eviction and there is apparently nothing I can do to stop it.
(I do feel it is a nightmare being a landlord at times. I am in approx. £7k of arrears and have spent approx £1k in legals/court costs)
Does anyone have advice on what to do with respect the risk of the 'Stay of Execution'?
Thanks.
Some good news, I have now the 'Notice of Appointment (with bailiffs)' from the courts. I sent the confirmation slip to the courts to accept the date suggested. They respond by saying the tenant could apply for a 'Stay of Execution' which will delay the eviction and there is apparently nothing I can do to stop it.
(I do feel it is a nightmare being a landlord at times. I am in approx. £7k of arrears and have spent approx £1k in legals/court costs)
Does anyone have advice on what to do with respect the risk of the 'Stay of Execution'?
Thanks.
on rent arrears grounds.
In the hearing the tenant said to the judge my numbers were wrong. The judge asked for evidence and he said there isnt any. Since then 2 months have passed and he still hasnt paid. That said, as I wont be present if he appeals, I cant advise the judge of the situation.
In the hearing the tenant said to the judge my numbers were wrong. The judge asked for evidence and he said there isnt any. Since then 2 months have passed and he still hasnt paid. That said, as I wont be present if he appeals, I cant advise the judge of the situation.
But that sort of behaviour is not that uncommon is it?
You only have to watch a few episodes of 'Can't pay, take it away' to see how many houses / flats they've had to take control of because an eviction order was granted due to lengthy non payment of rent.
And even after the eviction order was granted by the court, some people still try to stay on.
You only have to watch a few episodes of 'Can't pay, take it away' to see how many houses / flats they've had to take control of because an eviction order was granted due to lengthy non payment of rent.
And even after the eviction order was granted by the court, some people still try to stay on.
MikeGoodwin said:
How on earth does it get like that? Puts me off being a landlord big time.
How cancerous must you have to be as an individual to not pay your rent for that long. Like its your right to not pay rent or something?
I do not understand that at all
There are a lot of people who assume that the tenant is always a put upon down trodden individual whilst the landlord is living the life of Riley in Grand Cayman.How cancerous must you have to be as an individual to not pay your rent for that long. Like its your right to not pay rent or something?
I do not understand that at all
Unfortunately a good number of those advising tenants are morally opposed to private rented accommodation and will do as much as possible to make the landlords life difficult. There are charities who encourage tenants to not pay rent for very little excuse. I had a tenant who was told to withhold rent as the dishwasher was replaced with a lesser brand!!
In the current climate you would be brave getting into renting property.
TonyRPH said:
But that sort of behaviour is not that uncommon is it?
You only have to watch a few episodes of 'Can't pay, take it away' to see how many houses / flats they've had to take control of because an eviction order was granted due to lengthy non payment of rent.
And even after the eviction order was granted by the court, some people still try to stay on.
It's not uncommon.You only have to watch a few episodes of 'Can't pay, take it away' to see how many houses / flats they've had to take control of because an eviction order was granted due to lengthy non payment of rent.
And even after the eviction order was granted by the court, some people still try to stay on.
I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
NDA said:
It's not uncommon.
I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
What has he been doing about it for the last 7 months? I had a problem tenant that required court and bailiffs and it didn't take that long.I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
NDA said:
It's not uncommon.
Hmm. Depends what you mean by 'uncommon'.Reasonably easily accessible statistics indicate about 5 million households in the PRS and about 37000 evictions in a typical year.
Well below 1% of tenants requiring eviction makes it pretty uncommon to my way of thinking.
Amoungst many other breaches of the tenancy agreement, my previous tenant (or one of his many illicit lodgers) was a purveyor of recreational pharmaceuticals. I issued a section 21 and he went quietly, no need to evict.
Of course he left owing 2 months rent and the clean up cost about £1000 more than the deposit.
(Keep hiding Nathaniel, I will sue when I find you.)
It is very common for tenants to leave owing money, or to have to be forced out with a section 8 or 21. Its also common tenants to drag their heels.
Charities like Shelter do at least as much harm as good. The advice they give is based around dragging the eviction process out for as long as possible. They pay no heed to the rights and needs of the landlord, or consider that the landlord won't be turfing out the tenant without a very good reason, you do not willingly shoot your self in the financial foot.
Shelter do indeed seem to be anti landlord, the work they do makes life difficult for landlords and has no doubt put many off. But without landlords and the private rental sector, where would the people they purport to support live?
Are Shelter scum (as a previous poster suggested)? No, I don't think so. I think they are well meaning, but that doesn't make them right, or even close to it.
For landlords...
Have you come across landlordreferencing.co.uk? I joined shortly after the debacle with my last tenant. It allows landlords to review and reference the performance of their tenants. Great for seeing if your prospective tenant has shafted a previous landlord.
Of course he left owing 2 months rent and the clean up cost about £1000 more than the deposit.
(Keep hiding Nathaniel, I will sue when I find you.)
It is very common for tenants to leave owing money, or to have to be forced out with a section 8 or 21. Its also common tenants to drag their heels.
Charities like Shelter do at least as much harm as good. The advice they give is based around dragging the eviction process out for as long as possible. They pay no heed to the rights and needs of the landlord, or consider that the landlord won't be turfing out the tenant without a very good reason, you do not willingly shoot your self in the financial foot.
Shelter do indeed seem to be anti landlord, the work they do makes life difficult for landlords and has no doubt put many off. But without landlords and the private rental sector, where would the people they purport to support live?
Are Shelter scum (as a previous poster suggested)? No, I don't think so. I think they are well meaning, but that doesn't make them right, or even close to it.
For landlords...
Have you come across landlordreferencing.co.uk? I joined shortly after the debacle with my last tenant. It allows landlords to review and reference the performance of their tenants. Great for seeing if your prospective tenant has shafted a previous landlord.
Edited by mikeveal on Tuesday 22 January 07:38
UpTheIron said:
NDA said:
It's not uncommon.
I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
What has he been doing about it for the last 7 months? I had a problem tenant that required court and bailiffs and it didn't take that long.I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
NDA said:
UpTheIron said:
NDA said:
It's not uncommon.
I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
What has he been doing about it for the last 7 months? I had a problem tenant that required court and bailiffs and it didn't take that long.I happened to be sitting next to someone at a dinner the other evening who is in the same boat.... but to add to the misery he'd also been made redundant from his teaching job (he lived at the school and now needs his house back). His tenants haven't paid rent for 7 months and there's little sign of being able to get them out.
ked over like this.Thesprucegoose said:
Watching can't pay won't pay isn't a county court eviction pretty toothless, which is why they always escalate to the high court.
I always thought it was amazing that the tenants knew their rights so well that they could make the eviction process last months and thought it was a human rights entitlement to accommodation and fk paying for it and then pretty much get off scot-free as they don't have a pot to piss in as they have no money and used all the money on everything else.They were free to do it again and would be able to get B&B accommodation on council emergency homeless accommodation before finding the next hapless LL to screw over.
The house next door to me was let via DSS for several years.
Although the tenant made a small effort to keep the exterior of the house ok, the interior suffered badly.
It took the landlord 6 - 8 months to get his property back, by which time the interior was in quite a mess...
He did the place up and tried selling it - eventually his daughter moved in.
Although the tenant made a small effort to keep the exterior of the house ok, the interior suffered badly.
It took the landlord 6 - 8 months to get his property back, by which time the interior was in quite a mess...
He did the place up and tried selling it - eventually his daughter moved in.
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