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.
I am now not going to accept housing benefit tenants unless they can put up 5 months deposit.
I will push back the council and tell them they need to claim the fraudulent payments from the tenant. I will not pay them back and will let them take me to court. Bottomline is they caused me a real headache throughout this process. They basically advised the tenant not to move out on the date the courts set out. They told them to wait till the bailiffs arrive.
The council is no friend of the landlord. The court system is weak and disadvantages the landlord.
I will wait till the eviction date hoping goes wrong with the turfing and no application is lodged with the courts.
I will push back the council and tell them they need to claim the fraudulent payments from the tenant. I will not pay them back and will let them take me to court. Bottomline is they caused me a real headache throughout this process. They basically advised the tenant not to move out on the date the courts set out. They told them to wait till the bailiffs arrive.
The council is no friend of the landlord. The court system is weak and disadvantages the landlord.
I will wait till the eviction date hoping goes wrong with the turfing and no application is lodged with the courts.
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.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.
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.
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.
I am going to clearly claim it all as unpaid rent and damage to property etc.
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.
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.
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.
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.
I have no intention of getting housing benefit tenants. They are high risk. I will also be looking into rent protection insurance going forward.
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