Tennants....How to get them out..
Discussion
Right one of my collegues at work is having problems with some tennants.
They have lived in the house coming upto a year. Their contract expires in 5 days. They have also not paid any rent for 3 months. They have made the place really messy and he wants them out now but it looks like they are making no signs to move out.
As far as he is aware he cant physically kick them out with out obtaining some sort of court order eviction notice.
Would it be ok to change the locks on the house though and only grant them access to get their things out?
Any other suggestions to get them out?
They have lived in the house coming upto a year. Their contract expires in 5 days. They have also not paid any rent for 3 months. They have made the place really messy and he wants them out now but it looks like they are making no signs to move out.
As far as he is aware he cant physically kick them out with out obtaining some sort of court order eviction notice.
Would it be ok to change the locks on the house though and only grant them access to get their things out?
Any other suggestions to get them out?
scruffy said:
52classic said:
I think it's a Section 21 Notice but there is a precise protocol for serving it. Sounds a bit late in the day to let 3 months arrears build up.
It's actually precisely the right time for the 3 months arrears to build up, any later and it would've been be 4 months... 
He will have to go through the courts , a section 21 notice should have ben served 2 months before the end of the tenancy to bring the tenancy to an end or when the rent was in arears by 14 days, assuming this has not been done the tenancy is still contiuing as a ' Held over' tenancy and the notice still needs to be served . He should contact a solicitor right away so that the eviction process can begin ( although not untill after 2 months notwithstanding the rent arears ) I hope that the tenants deposit is held in a recognised scheme , if it is not the courts will not look kindly at the case.
Amazing, one of the most expensive things people buy, they then start up a business and have no idea of the legal implications and what to do and then wonder why it goes tits up.
I take it your friend did not use a agent to manage the property, has not been to see a solicitor about the arrears or the recovery of the property? Has not the first clue that hes about to drown in doo doo? Ignorance is bliss.
Has your friend protected the deposit (if any they paid)? What date did they start or renew the tenancy agreement (if he has one) lets hope it was before the 6 April 2007 otherwise he will really be in sticky crack and hole land.
as Rower mentioned not too kindly will the courts look at it - its more a case of they definatly wont look at it and will fine your friend for his troubles and he still wont have any rent or the property back.
Did I mention the Doo Doo?
I take it your friend did not use a agent to manage the property, has not been to see a solicitor about the arrears or the recovery of the property? Has not the first clue that hes about to drown in doo doo? Ignorance is bliss.
Has your friend protected the deposit (if any they paid)? What date did they start or renew the tenancy agreement (if he has one) lets hope it was before the 6 April 2007 otherwise he will really be in sticky crack and hole land.
as Rower mentioned not too kindly will the courts look at it - its more a case of they definatly wont look at it and will fine your friend for his troubles and he still wont have any rent or the property back.
Did I mention the Doo Doo?
Edited by superlightr on Tuesday 26th August 10:03
if there are 2 months arrears you can go down the s8 notice route. You do the claim form, pay the fee, get a court hearing, and assuming there arnt any issues such as non payment of housing benefit which would reduce the arrears past the 2 month level - the court should see fit to make a mandatory possession order which will see the tenant leaving in 14 days.
If they don't leave you'll have to instruct the court bailiff which will cost you a few more quid and put you back a couple of weeks or so..
If they don't leave you'll have to instruct the court bailiff which will cost you a few more quid and put you back a couple of weeks or so..
Hes not worried about recovering the arrears money as he feels he wont see any of it anyway but all he cares about is getting them out. The deposit is covered under a scheme.
All he wants is to get them out. There are new people moving in to the place about 5 days after they are supposed to leave....
It looks like he will have to go down the court eviction route however as that will take some time to happen- what can he legally do to make things uncomforatble in the house to get them out.
Is it legal for him to change the locks?
All he wants is to get them out. There are new people moving in to the place about 5 days after they are supposed to leave....
It looks like he will have to go down the court eviction route however as that will take some time to happen- what can he legally do to make things uncomforatble in the house to get them out.
Is it legal for him to change the locks?
fizz876 said:
Hes not worried about recovering the arrears money as he feels he wont see any of it anyway but all he cares about is getting them out. The deposit is covered under a scheme.
All he wants is to get them out. There are new people moving in to the place about 5 days after they are supposed to leave....
It looks like he will have to go down the court eviction route however as that will take some time to happen- what can he legally do to make things uncomforatble in the house to get them out.
Is it legal for him to change the locks?
no.All he wants is to get them out. There are new people moving in to the place about 5 days after they are supposed to leave....
It looks like he will have to go down the court eviction route however as that will take some time to happen- what can he legally do to make things uncomforatble in the house to get them out.
Is it legal for him to change the locks?
He cant do anything to make their stay unpleasant. he will need to evict them via the courts.
What sort of notice has he given?
He really does need to use a solicitor from here onwards.
Edited by superlightr on Tuesday 26th August 10:23
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