Housing Eviction process - advice?

[Beau]

Hey guys,

After some advice/help on this. my friend has a rental in the UK, got new tenants in the house couple months ago and they're now about a month overdue on rent, and he doesn't see them paying anytime soon. They've not given me any kind of reason, and are ignoring messages, and keep prolonging the "I'm paying tomorrow" story...

Any idea on the quickest/legal way of getting them out the house? I know there's some forms you have to serve and stuff. Just wondering if anyone gone through a similar process recently and doesn't mind helping me and my friend out.

Any help appreciated!

 

[karl webster]

Section 21 notice gives them two months to get out.
Hope he's got all the legalities covered . The deposit in the deposit protection scheme.

 

[StarCruiser]

Good luck with that one Beau's friend. I sincerely hope they don't trash the place on the way out! Which if they were going to, would be early. If they're on an 'assured shorthold' tenancy there's conditions in that governing both parties.

 

[karl webster]

It's a nightmare rich. I had to learn the hard way and it cost me. Grrrrr

The law is completely in the tenants favor. As per usual the better people get hit in the pocket.

 

[TonyP]

You can only serve a section 21 after they are two months in arrears, and that gives them effectively 2 months notice to move out. This is based on the date the rent is due, so if you serve early, it only starts from the due date.

You also then can serve a section 8 which I believe is the intent to go to court to recover the money.

There are conditions that you need to meet for both sections, so do some research. You can go to solicitors, but probably looking around £1.5k as a starter....

Good luck, horrible situation to be in... Don't ask me how I know

 

[BobMurphy]

I have a Tenant who is constantly getting behind with the rent. The trouble is, he pays-up eventually but we (Landlord and Letting Agent) have no idea what or when.

I went to see him on Thursday evening and got the usual promises, hopefully he has paid something to the Agent; I'll find out tomorrow.

In Scotland (with Socialist Government) all rules & regulations favour the Tenant. We are not allowed to charge anything above the rent and I think the Tenant has to be three full months behind before one can serve a Notice To Quit (NTQ).

Then one has to engage the Debt Collection Agencies - which is expensive (to me).

This guy isn't being vindictive, he's just a disorganised young guy who is getting in over his head. I find it easier (and cheaper) to keep plugging away and getting the rent late rather than throwing the Legal book at him - that would cost me with no guarantee of getting anything back as the Courts favour the little guy.

Its a minefield, I wouldn't recommend anyone becoming a Landlord these days. I bought the flat because my daughter and husband couldn't sell it when they started a family and needed to move up to a house with a garden. The things we do for our children!

Bob.

 

[karl webster]

You can only serve a section 21 after they are two months in arrears, and that gives them effectively 2 months notice to move out. This is based on the date the rent is due, so if you serve early, it only starts from the due date.

You also then can serve a section 8 which I believe is the intent to go to court to recover the money.

There are conditions that you need to meet for both sections, so do some research. You can go to solicitors, but probably looking around £1.5k as a starter....

Good luck, horrible situation to be in... Don't ask me how I know

They don't have to be in arrears for section 21 tony unless it's changed over the last couple of years.

It's also recently changed that a section 21 can be issued at any point in the month. And gives them 2 months to get out from the date it was issued.

 

[TonyP]

Thanks Karl, just going through this now, and this is the advice I have been given. To be honest it's a bloody minefield. Fortunately council managed to rehome them early, so have just got the property back....

Should hopefully have the keys back on Monday, but still no rent for last 3 months...

Could have almost bought a 80 with the lost rent...

 

[karl webster]

They keep changing things all the time.

I know what your saying mate. I had a right nightmare with mine. It cost me. We have gone through an agent this last time. Good luck with it mate

 

[Shayne]

On the more squalid side of life they have someone with convict written all over them knock and ask when they are moving out because he is moving in .

Happened to me years ago when i gave a months notice (being a month in advance on my rent) which in my case was quite comical because I had dealt with the wannabe A wing bully less than a year earlier

Currently singing to myself those were the days my friend

 

[Beau]

Thanks for the info...

Does that 2 months start on the technical date of when rent is due or when 2 months worth of rent is surpassed? Basically, he's paying one months rent in advance. So will the 2 months start when that one month has passed, or when the 2 months contracted months of unpaid rent has passed. And yes, he has the deposit in the tenancy deposit scheme.

From what I've read, as well as similar cases the law does seem to be in favor of the tenants.

Overall, new government policies are really tacking a hit on landlords. I read how they're getting rid of that "wear and tear" allowance, and soon you won't be able to claim mortgage reductions as an expense, which is like half of most landlords expense.

 

[TonyP]

As I understand it from when the rent is due, and for me they were paying in advance, so rent due on Dec 24, not paid, then Jan 24 not paid, so notice served around 31 Jan, with 2 months notice they had to be out by March 24....

If a management company is being used they should know this and should be able to help serve the notice