can i evict T immediately under the following conditions?

[landlord262626]

Tenant entered house in july 2010, paid 1 months rent as deposit, paid a weeks rent a few times, hasn't paid since - If i am the live in landlord, and i pay the bills, and the tenant falls behind on rent - more than 60 days - can i evict them immediately using bailliffs etc? This is what i was told - not by a solicitor unfortunately - so before i act i'd be greatful of any clarification!

The tenant is now more than 60 days behind, doesnt work, is claiming benefit, has been to spain twice to see his gf - so would have a hard time claiming hardship since he gets on by fine - if i WAS to do an unlawful eviction, what are the likely consequences? its not like he'll have nowhere to go in an emergency - because he does... and also wouldn't it cost him money and time to sue me?

Has anyone here ever carried out a supposedly unlawful eviction ?!?!?!? What was their experience?

Many thanks

[jeffrey]

If you are a resident L, the occupier is either a no-statutory T or else only a lodger.
Either way, his rights are merely whatever the Letting Agreement gives him- and nothing else.

[landlord262626]

Jeffrey, many thanks for your swift reply.

Would this mean i can go through with an eviction - giving the tenants 14 days written notice - without having to serve a section 8 or 21 form or go through the accelerated possesion procedure (n5b form)?

Any advice on what to do with the tenants possesions? Let the debt collectors keep them for clearing out the tenant?

Thanks again,
Tej

[jeffrey]

Eviction: depends on circumstances but, either way,the Housing Act 1988 should be irrelevant- so its Notice procedures would be too.
Possessions: see LZ threads (and/or 'FAQ') re Uncollected Goods.

[landlord262626]

Hi, have just put "polite" pressure on tenant - hes "found" £180 in his bank account to pay me, its about 25% of the debt - better than nothing. Now his old ASt agreement (which was for only 6 months) ended in september 2010 - he is now asking for a tenancy agreement to claim his housing benefit - can i provide him with a different document to confirm him as a lodger?

Many thanks,

Tej

[landlord262626]

The above message refers to tenant 2 who came to the house earlier but is also in the same situation as tenant 1 in the earlier messages...

Tej

[landlord262626]

Tenant 1 is also asking me to take the payment direct from housing benefit - can i escort him (with his consent of course) to the council office and make sure my bank account details are used for depositing his claim? Im worried he might change the bank account details to his own in future without my consent/knowledge...

Tej

[Solent Watcher]

You do not need an AST for HB just proof of living at an address which is within the claim form. Council will not pay direct to landlord unless there are rent arrears

[Snorkerz]

None of your 'tenants' is actually a tenant, they are 'excluded occupiers' and as such, they don't have ASTs as such, no matter what is written on the paperwork (just because a piece of paper has £10 written on it doesn't make it a £10 note!).

If you want to give them some paperwork, you can draw up an occupancy agreement, or buy a blank lodgers agreement from WHSmith for just over a fiver.

"reasonable notice" is all that is required, you may need to change locks to prevent re-entry. If you do this whilst they are out, you can save yourself the bailiffs fees.

[Bel]

You can only evict your tenant/lodger without going to court if you are resident landlord; ie it is you main residence AND you share accomodation such a s a kitchen or bathroom with the lodger

If your lodger/tenant has their own facilities, then you will still need a court order to evict them. The first stage of the process would be to serve a valid "Notice to Quit" giving a minimum of 4 weeks notice. Hopefully your tenant would leave on expiry of the notice. Otherwise you need to go through the courts.