PDA

View Full Version : Avoiding long drawn out evictions



jon2516
20-09-2011, 15:40 PM
As a rtm company we recently had a problem where a tenant has refused to leave and a court order was required.
Is there a definitive way to ensure quick eviction if required ie specific paragraphs in the AST?

theartfullodger
20-09-2011, 16:13 PM
No (you can try bribery but that's dangerous..).

By RTM I assume you mean "Right To Manage"??

Cheers!

Artful

Snorkerz
20-09-2011, 16:18 PM
Your only methods are sections 8 & 21 of the 1988 Housing Act.

Section 8 requires from 0 - 2 months notice, and the court process will be iro 3 months

Section 21 requires a minimum of 2 months notice, and the court process will be iro 6 weeks if no hearing is required.

On top of that the judge will give 14 - 42 days for the tenant to leave.

If they don't, you will have to organise bailiffs - say 6 weeks.

jon2516
20-09-2011, 16:32 PM
Yes Right to Manage but it seems that some leaseholders who let never informed Solitaire so we are now trying to sort this out and ensure everyone has an AST as well as covering ourselves by informing Estates and Management of forwarding address's for leaseholders to be served ground rent demands

Snorkerz
20-09-2011, 17:56 PM
The majority of the tenants will have ASTs anyway. They may be oral ASTs, but they will be ASTs anyway. Of course, anyone who has been a tenant for a long time may have an Assured Tenancy.

Are you trying to straighten up the paperwork, or do you have some other end in mind?

jon2516
20-09-2011, 18:06 PM
We are simply aiming to cover the our legal requirements and to ensure that the tenants who rent are as suitable as can be assured. From now on we will require proof of procedures from estate agents and ensure procedures are in place for leaseholders who do not use estate agents.
We are legally obliged to protect the freeholders interest as far as possible although the right to grant consent to let has now fallen to the RTM Company.
Some leaseholders feel they do not need to do credit checks and id checks and this will be a stipulation if consent is to be granted in the future.

theartfullodger
20-09-2011, 18:28 PM
If someone has been a tenant since before 15th Jan 1989 they won't be assured & you cannnae do owt about it...ditto a let to a company ...



Some leaseholders feel they do not need to do credit checks and id checks and this will be a stipulation if consent is to be granted in the future.


Almost: You want satisfactory credit & ID checks.. (otherwise you are still agreeing to any old dodgy bloke..)

westminster
20-09-2011, 19:23 PM
From now on we will require proof of procedures from estate agents and ensure procedures are in place for leaseholders who do not use estate agents.
This sounds like you're assuming that things will be 'properly' done if an agent is involved. Ha ha. As agents are unregulated and may have no qualifications or legal know-how whatsoever, such an assumption is misguided. Even ARLA member agents may be clueless.

mind the gap
20-09-2011, 19:42 PM
I agree with westminster. And the ones who find tenants for rental properties are called letting agents, not estate agents. Estate agent sell properties.

mind the gap
20-09-2011, 19:44 PM
As a rtm company we recently had a problem where a tenant has refused to leave and a court order was required.
Is there a definitive way to ensure quick eviction if required ie specific paragraphs in the AST?

Nothing you add to or take away from your AST contract will allow you to bypass the normal legal process by which you can gain possesison from a tenant.