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sun
10-04-2010, 16:18 PM
Hi

I let my property to a single mom who is on housing benefit. The rent was paid direct to my account by council and we agreed that she will pay extra £100 every month to top up balance as per aggrement.

The aggrement I made is for 1 year, expiring on 1/07/10. She did not paid the deposit as it was required by me and moved in at the request of guaranter(her mom).Now this lady become problem to me and not paying extra £100 from 3 month.

During my last visit to property I requested her to keep her account up to date. I also find out that she is living with a partner.
She also brook the front door glass and have damaged the kitchen ceiling.

Now she is ignoring all my calls and i tried to contact her guaranter she is also not responding me.

What is the best advice for me to evict this troublesome lady who damaged my house. What is the best way to recover the rent and the cost of damages she made in the property.

mind the gap
10-04-2010, 17:25 PM
Hi

I let my property to a single mom who is on housing benefit. The rent was paid direct to my account by council and we agreed that she will pay extra £100 every month to top up balance as per aggrement.

The aggrement I made is for 1 year, expiring on 1/07/10. She did not paid the deposit as it was required by me and moved in at the request of guaranter(her mom).Now this lady become problem to me and not paying extra £100 from 3 month.

During my last visit to property I requested her to keep her account up to date. I also find out that she is living with a partner.
She also brook the front door glass and have damaged the kitchen ceiling.

Now she is ignoring all my calls and i tried to contact her guaranter she is also not responding me.

What is the best advice for me to evict this troublesome lady who damaged my house. What is the best way to recover the rent and the cost of damages she made in the property.

How much is the total rent per calendar month and how much does she owe you at the moment?

sun
10-04-2010, 17:37 PM
How much is the total rent per calendar month and how much does she owe you at the moment?

The rent is £600 per month. The council is paying £460 every 4 weeks. The balance to pay is £300 by tenent.

mind the gap
10-04-2010, 18:05 PM
The rent is £600 per month. The council is paying £460 every 4 weeks. The balance to pay is £300 by tenent.
If and when the rent owing reaches £1200 you can serve a section 8 ground 8 notice on your tenant which will allow you (when it expires) to apply for a possession order to get your house back.

Otherwise you must serve a section 21 notice now to expire at the end of the fixed term, then apply for a possession order if they do not leave. If they leave owing you money you can raise a dispute with the deposit protection service and claim it back. If it exceed the depsoit amount you will have to sue them for it through the courts in the normal way.

There is no other way of 'evicting' these tenants.

sun
10-04-2010, 18:41 PM
If and when the rent owing reaches £1200 you can serve a section 8 ground 8 notice on your tenant which will allow you (when it expires) to apply for a possession order to get your house back.

Otherwise you must serve a section 21 notice now to expire at the end of the fixed term, then apply for a possession order if they do not leave. If they leave owing you money you can raise a dispute with the deposit protection service and claim it back. If it exceed the depsoit amount you will have to sue them for it through the courts in the normal way.

There is no other way of 'evicting' these tenants.

Can I send them a notice on a letter that the aggrement is expiring on 1/07/10 and request them to give repossession of the house?
What about the damage they have caused in the property? Does the guaranter is responsible for it?As the deposit is not been paid initially.

Snorkerz
10-04-2010, 19:45 PM
Can I send them a notice on a letter that the aggrement is expiring on 1/07/10 and request them to give repossession of the house?
What about the damage they have caused in the property? Does the guaranter is responsible for it?As the deposit is not been paid initially.As MTG says, those are the only ways to evict your tenant. the s21 notice is, in effect, a letter telling your tenant that you will go to court for possession if she doesn't move out on 1/7/10.

With no deposit you will have to chase / sue the tenant for re-payment. You may also be able to chase / sue the guarantor, but that depends on the wording and validity of the "deed of guarantee".

westminster
10-04-2010, 21:03 PM
What is the best advice for me to evict this troublesome lady who damaged my house. What is the best way to recover the rent and the cost of damages she made in the property.
As you appear to be only dimly aware of the legalities of letting, I recommend that you get someone to act on your behalf to evict the tenant. For example, http://www.landlordlaw.co.uk/ can help you. Or join one of the landlords' associations such as http://www.landlords.org.uk/index.htm

You are unlikely to succeed in claiming loss for damage unless you had an inventory check-in (or similar) carried out at the start of the tenancy.

sun
10-04-2010, 23:45 PM
You are unlikely to succeed in claiming loss for damage unless you had an inventory check-in (or similar) carried out at the start of the tenancy.[/QUOTE]

Thanks, S21 require minimum of 2 months notice however the aggrement is ending on 1/07/10. I have check in invantory signed by tenent what if the tenent run away without getting check out invantory?

Snorkerz
11-04-2010, 00:25 AM
You can not remove the tenant at the end of the tenancy without a court order - and that means getting a valid s21 issued right away, presuming the final day of the tenancy is 1/7/10 then you need to issue a s21(1)(b) notice with the expiry date "after 1st July 2010". This must be served on tenant by 1st May. Once 1/7/10 arrives, you can start possession proceedings the following day. That will take 4-6 weeks and cost £150. Judge will give tenant 14 days (min) to leave. If T still doesn't go, you will need to get the court bailiffs (more £ and delay).

I know you are not going to be happy with this, but it is the only legal way to do it. Any other method is likely to be illegal eviction, punishable by up to a £5k fine or 6 months prison.

If the tenant vanishes, you need to trace them. Maybe you have a guarantor? Maybe you can find them through their referees? Failing that, you'll have to employ a tracing company.

westminster
11-04-2010, 10:03 AM
Thanks, S21 require minimum of 2 months notice however the aggrement is ending on 1/07/10.
Well, the 1st of July is over two months away, so you can serve a s.21 notice now to expire at the end of the tenancy. On 2nd July, if the tenant hasn't moved out, start proceedings to obtain a possession order.


I have check in invantory signed by tenent what if the tenent run away without getting check out invantory?
The tenant doesn't have to sign the check-out inventory. If you need to track down the T to pursue him for arrears/damage, then a tracing agent should be able to find him - find an agent who offers a no-find-no-fee deal. I believe it costs in the region of £75.