Getting tenant out - Q (help please)

[anonymous-user]

[redacted]

[cotty]

Could he not just ask her what the situation is and take it from there

[JonRB]

I'm afraid I have never been in the position of having to evict a tenant. I would presume, given the Assured Shorthold Tenancy Agreement, that a simple Eviction Order would do the trick, but you'd have to seek legal advice from a top lawyer. I know one if it will help.

[racefan_uk]

Go round during the day while she's at work and change the locks. She's officially given notice, so she shouldn't be there anymore.

He'll also have lots of stuff to sell on ebal to make up the shortfall in a months rent too...

[Egbert Nobacon]

anonymous said:

[redacted]

I have had to use both methods to remove tenants.

Find out why she isn't moving and whilst doing so assess her character - be reasonable initially.

The legal route is preferable, will take time and some tenants, when served notice will start to wreck the place.

If there is a chance that this might happen and the tenancy agreement has expired then I would immediately change locks and put their stuff on the street - not nice but preferable to having to sort out kind of mess these people can cause.

[alfaman]

I went through something similar 3 years ago - eventually involving solicitors and Police - ( my situation was someone in the house where I was living - the other occupant was not a "shorthold tenant" - so I changed locks after giving them adequate notice - they were later dragged out by the cops after getting back in again).


( I'm assuming in your case the landlord was NOT living in his/her house at the same time as the tenant ( in which case the tenant is an "excluded occupier" - with no protection from Landlord/Tenant act- and can basically be thrown out ASAP) -)

Normally you must get a Court Order to evict a "Shorthold Tenant" - even if they remain in the house after they have been given notice , and the notice expires.

However - given that the Tenant "gave" the notice - this could reduce their rights and you may be able to change the locks when they are out - on the reasonable assumption they have vacated the property.

2 suggestions :

1. : speak to the CAB - they were *very* helpful to me when trying to kick someone out of my house - and their advice was "legally correct" - ( the initial advice I had from solicitors was flawed ( and expensive )- saying I needed a court order which was bollox as the person had no "tenancy" status )


2. Its also worth ringing up your local Police advice line - again very helpful to me : suggesting chaging the locks when the other person was out (legally OK ) - although the Police are not solicitors they deal with this sort of stuff all the time and have a good "practical" straightforward grasp of what you can/cannot do legally.

Sorry if this isn't quite as "cast iron" advice-wise as you need - hope it helps - ( my feeling is you would be OK changing locks )

[z4monster]

First ask what's going on and why she hasn't moved out. There may be a simple answer and she may pay up to extend her tenancy. If not you can get an accelerated eviction order (i believe) which has them out within a fortnight.

If she is being completely unreasonable, go around when she's at work. Put her stuff outside (but protected from the elements) and change the locks. She would than have to go to court to get back into the house which she is unlikely to bother doing. If you don't protect her stuff then she can sue for damages. If she's hardwork, she'll probably trash the place before she leaves voluntarily.

[srebbe64]

As I understand, Some councils give council house priority to people who have been evicted. It's conceivable she wants to be evicted in order to get bumped up the waiting list.