Tenants Rights - Stay of Eviction

Tenants Rights - Stay of Eviction

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Discussion

MB140

4,027 posts

102 months

Wednesday 23rd January 2019
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NotBenny said:
Pay some heavies to smash the front door down and turf them out, ~£1k cash, new front door ~£1k.
Having watched a few of these can’t pay take it away type shows. When the courts are still pissing about a year later I think this would be a viable option.

In change the locks. Board the place up. Stuff outside. You want to sue me go ahead I will see you in court.

As most of these tosspost haven’t got 2p to there names and would struggle to find 1/2 dozen brain cells then there not going to. They will just move in to the next less gullible mug they can fleece. Rinse and repeat every few years.

System seems rigged to fk the landlord over.

mikeveal

4,557 posts

249 months

Thursday 24th January 2019
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MB140 said:
NotBenny said:
Pay some heavies to smash the front door down and turf them out, ~£1k cash, new front door ~£1k.
Having watched a few of these can’t pay take it away type shows. When the courts are still pissing about a year later I think this would be a viable option.

In change the locks. Board the place up. Stuff outside. You want to sue me go ahead I will see you in court.

As most of these tosspost haven’t got 2p to there names and would struggle to find 1/2 dozen brain cells then there not going to. They will just move in to the next less gullible mug they can fleece. Rinse and repeat every few years.

System seems rigged to fk the landlord over.
If all a landlord had to worry about was the tenant suing, the above suggestions would not be naive (I'm being kind.)
The system is designed to protect the tenant from a rogue landlord and is heavily enforced. If the landlord wants redress from a tenant, then the landlord can go to the small claims courts.

Pro Bono

586 posts

76 months

Thursday 24th January 2019
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MB140 said:
NotBenny said:
Pay some heavies to smash the front door down and turf them out, ~£1k cash, new front door ~£1k.
Having watched a few of these can’t pay take it away type shows. When the courts are still pissing about a year later I think this would be a viable option.

In change the locks. Board the place up. Stuff outside. You want to sue me go ahead I will see you in court.

As most of these tosspost haven’t got 2p to there names and would struggle to find 1/2 dozen brain cells then there not going to. They will just move in to the next less gullible mug they can fleece. Rinse and repeat every few years.

System seems rigged to fk the landlord over.
This is frankly stupid and dangerous advice.

Firstly, under the Protection from Eviction Act 1977 illegal eviction is a criminal offence carrying up to a two year prison sentence.

It's also a civil wrong, and if the tenant were to sue the landlord the damages would normally be well in excess of £5,000 plus at least the same again in legal costs.

And don't think because the tenant's poor they couldn't afford lawyers - there are any number who would be only too happy to run an illegal eviction case on a no win no fee basis.

Cimaguy

Original Poster:

559 posts

71 months

Friday 25th January 2019
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Pro Bono said:
This is frankly stupid and dangerous advice.

Firstly, under the Protection from Eviction Act 1977 illegal eviction is a criminal offence carrying up to a two year prison sentence.

It's also a civil wrong, and if the tenant were to sue the landlord the damages would normally be well in excess of £5,000 plus at least the same again in legal costs.

And don't think because the tenant's poor they couldn't afford lawyers - there are any number who would be only too happy to run an illegal eviction case on a no win no fee basis.
My tenant was away so I got into my house, reinforced the front door and locked it all up and got out from the downstairs flat. He managed to break into his flat through a window.

The council called me and told me it is illegal to throw tenants out.I said, I didnt... he had disappeared and was not around for 2-3 weeks.

In court the tenant said the same thing, the judge asked me what I did, so I told her that the tenant was no where to be seen and he had left someone else into the property. They had no right to be there. The judge went nuts at the tenant.

You can throw tenants out... but be prepared for a headache of some form if you have an ass of a tenant like I do.

Psycho Warren

3,087 posts

112 months

Friday 25th January 2019
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The problem is the scum class all "know my rights innit bruv" so you have to be very careful if you try anything illegal. Thats how these scum manage to go from house to house paying very little.

eldar

21,614 posts

195 months

Friday 25th January 2019
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Cimaguy said:
My tenant was away so I got into my house, reinforced the front door and locked it all up and got out from the downstairs flat. He managed to break into his flat through a window.

The council called me and told me it is illegal to throw tenants out.I said, I didnt... he had disappeared and was not around for 2-3 weeks.

In court the tenant said the same thing, the judge asked me what I did, so I told her that the tenant was no where to be seen and he had left someone else into the property. They had no right to be there. The judge went nuts at the tenant.

You can throw tenants out... but be prepared for a headache of some form if you have an ass of a tenant like I do.
I think you were a little lucky if the tenancy was still in force!

I believe the accepted method is to discover a problem with the property that renders it immediately uninhabitable but difficult to precisely diagnose and with a prolonged fix time.....



mikeveal

4,557 posts

249 months

Friday 25th January 2019
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eldar said:
I think you were a little lucky if the tenancy was still in force!

I believe the accepted method is to discover a problem with the property that renders it immediately uninhabitable but difficult to precisely diagnose and with a prolonged fix time.....
You mean so that you become liable for providing your tenant alternative accommodation?
It really isn't worth doing anything other than issuing a section 8 (if you can prove grounds) immediately or a section 21 near the end of the AST.

Get the old tenant out, get a new tenant in, then and only then, trace the old tenant and take them to the small claims court. Getting the money repaid is secondary to making sure the tenant gets a CCJ that will warn other landlords off.

Trying anything else is inviting a whole world of pain. Not very PH to play by the rules I know.

eldar

21,614 posts

195 months

Friday 25th January 2019
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mikeveal said:
You mean so that you become liable for providing your tenant alternative accommodation?
It really isn't worth doing anything other than issuing a section 8 (if you can prove grounds) immediately or a section 21 near the end of the AST.

Get the old tenant out, get a new tenant in, then and only then, trace the old tenant and take them to the small claims court. Getting the money repaid is secondary to making sure the tenant gets a CCJ that will warn other landlords off.

Trying anything else is inviting a whole world of pain. Not very PH to play by the rules I know.
I wasn't clear - getting possession to a tenant who refuses to leave after the tenancy has ended...

Cimaguy

Original Poster:

559 posts

71 months

Monday 28th January 2019
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So the tenant's friend called me asking if he can have back his £3k deposit? I felt really annoyed by the call. Somehow I managed to keep it cool and advised him that his friend needs to make sure he has everything out of the flat and needs to make sure he cleans it and we call sort out the deposit.

I am going to clearly claim it all as unpaid rent and damage to property etc.

Cimaguy

Original Poster:

559 posts

71 months

Monday 28th January 2019
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Psycho Warren said:
The problem is the scum class all "know my rights innit bruv" so you have to be very careful if you try anything illegal. Thats how these scum manage to go from house to house paying very little.
Spot on. These rats know their rights, better than I knew them. What's frustrating is the guy can't even speak english and he is taking the piss and was running circles around me from a 'rights' perspective. The local council were giving him all the legal advice he needed.

I'm glad I have a CCJ against the tenant. He wont be able to get a house for rent if he is put through a credit check.

Cimaguy

Original Poster:

559 posts

71 months

Wednesday 6th February 2019
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An update, I got back the flat yesterday. The bailiffs came and he was no where to be seen.

Basically, the council re-homed him but needed the eviction notice to do so. Bottom line is the council is no friend of the landlord. They make it as hard as possible for a landlord to evict as they dont want to or are unable to manage the situation due to lack of housing.

Starfighter

4,908 posts

177 months

Wednesday 6th February 2019
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Likely to get even more interesting if the law is changed to bad landlords stating “No DSS” as it is discriminatory.

tom667

11 posts

77 months

Wednesday 6th February 2019
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MB140:
You seem to believe the system wants to f**k landlords over.

I must be mistaken because I believe being a landlord is running a business and so involves an element of risk. Like many businesses there is a risk that your customer will not pay.

And, there are a variety of insurance policies out there, that will cover rent arrears.

However, I suspect because so many landlords are mortgaged to the hilt, being principally on buy-to-let mortgages or interest-only mortgages, that they cannot afford the possibility of a substantial loss and must blame the Government or other people for their loss.

If you don't fancy this loss, sell your property, and let someone buy it to LIVE in it, not just rent it out.

Myself, I am in favour of tenants having more rights than landlords, because tenants are more vulnerable generally.

I do not wish to hate on landlords. Many are hard working and treat the business seriously. But it IS a business at the end of the day, not a hobby.

Cimaguy

Original Poster:

559 posts

71 months

Thursday 7th February 2019
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Tom, you seem to be detached from the property game unless you're a renter. I guess you do not know the rights of a tenant. Tenants have plenty of rights, far too many from what I can see. They can easily go 5-6 months without paying rent without the threat of eviction. They system is set-up in their favour. Do you know the hurdles landlords have to jump through, the paper work, the requirements and then the court process should they need to get their property back.

I have no intention of getting housing benefit tenants. They are high risk. I will also be looking into rent protection insurance going forward.

eldar

21,614 posts

195 months

Thursday 7th February 2019
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Cimaguy said:
Tom, you seem to be detached from the property game unless you're a renter. I guess you do not know the rights of a tenant. Tenants have plenty of rights, far too many from what I can see. They can easily go 5-6 months without paying rent without the threat of eviction. They system is set-up in their favour. Do you know the hurdles landlords have to jump through, the paper work, the requirements and then the court process should they need to get their property back.

I have no intention of getting housing benefit tenants. They are high risk. I will also be looking into rent protection insurance going forward.
My experience of HB tenants is they aren’t a problem, chosen properly - as with any tenant.

Run the business properly, the risks are minimised.

Cimaguy

Original Poster:

559 posts

71 months

Thursday 7th February 2019
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I think youre right. I guess I am still scared by Barnet council!

I've had DSS tenants for 20 years plus. I eventually get my money...!

g3org3y

20,606 posts

190 months

Thursday 7th February 2019
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Sorry to hear about your woes OP. Glad it all got sorted in the end.

Cimaguy said:
Bottom line is the council is no friend of the landlord. They make it as hard as possible for a landlord to evict as they dont want to or are unable to manage the situation due to lack of housing.
yes


tom667 said:
MB140:
However, I suspect because so many landlords are mortgaged to the hilt, being principally on buy-to-let mortgages or interest-only mortgages, that they cannot afford the possibility of a substantial loss and must blame the Government or other people for their loss.
I don't think it's unreasonable to take umbrage at the kind of situation described by the OP. The system seems very much skewed in favour of the tenant.

Cimaguy

Original Poster:

559 posts

71 months

Thursday 7th February 2019
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Thank you!

Unfortunately the rent arrears is £7.5k, legal costs of £1k and refurbs costs of £4-5k.

I'm glad he is now gone. Good riddens. I will however be chasing him for rent arrears. I have a CCJ against him so will seek deductions from his salary.

2Btoo

3,410 posts

202 months

Thursday 7th February 2019
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The private rental system in the UK does favour the tenant at the moment. Stories like Cimaguy's are not uncommon and it is advisable for any landlord to keep at least 6 months rent in a savings account to fall back on should things get difficult. The problem is that renting a house is not just a business transaction as it has a lot of emotion tied up in it. For a tenant the house/flat is 'home', and that means more than simply a roof over their heads. However successive administrations have looked at the situation and swung too far in the favour of the tenant and hence there are far too many opportunities for chancers to avoid paying rent or to disappear leaving big bills.

And if you think that the situation is bad now, wait until we see a Corbyn government; if he gets into power then I predict that the PRS will be forced into collapse by the changes they will bring.

Cimaguy said:
Thank you!

Unfortunately the rent arrears is £7.5k, legal costs of £1k and refurbs costs of £4-5k.

I'm glad he is now gone. Good riddens. I will however be chasing him for rent arrears. I have a CCJ against him so will seek deductions from his salary.
Fairly typical figures for a house in outer London. That the guy has a salary tells you something; he has a job and is not 'unemployed dole-claiming vermin' (to use a typical PH sentiment.) Bad tenants come in all shapes and sizes - both employed and unemployed.

Cimaguy

Original Poster:

559 posts

71 months

Thursday 7th February 2019
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He has one low paid job in a bar. He also does a lot of cash in hand jobs. I know he has money however wouldn't pay rent and expected the council to pay it all.

God know where he is now. A single guy probably in a bed sit somewhere.