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I am currently trying to recover over 6months rent from tenants who have been unco-operative. I tried contacting them without luck, I have also visited the house a few times (costing £100 each ocassion)with no response. The tenants are without any legal tenancy agreement. They owe me over £2k.
I have already issue section 8 and 21 notices but they still refused. The tenants have just set up a fish and chips shop in Cleethorpe.
In order to reclaim the property back and carry out the necessary repairs on the house, I intend to change the locks and invite the tenants to discuss a new tenancy terms with my new letting agent.
or put a charge on the tenants business assets?.
IS THIS ADVISABLE?
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You say you have issued section 8 & 21 notices, have you followed these up with court action ?
If your section 8 notice was issued correctly and 2 weeks have lasped since issuing then get notices N5 & N119 straight into the court,and let the legal process start.
I recently filed n5 & n119 papers and the hearing was scheduled for 4 weeks later.
If you enter property and change the locks without following the correct procedure the tenant can sue you.
You say the tenants are without any legal tenancy, how ?.
It sounds to me as if your tenants now exactly what they are doing, they can legally stay in the property until you get a possession order from the court.
If you follow the correct procedure you will be able to get a ccj against tenants, and enforce that against their new business.
Andy |
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andy makes a good point. be wary as too many tenants know exactly what they are doing. i had a similar experience where my letting agent used the wrong procedures and it cost me thousands.
tom |
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Landlord Action? That's what they are specialists in of course. I think it's free advise over the phone initially...
Or http://www.tenanteviction.org.uk, there are loads of companies out there.
I always count my lucky stars I've never had an awful tenant. I'm not sure you can just barge in and change the locks though, sounds very wrong to me!
Bob
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You cannot change the locks. This is illegal.
You have to go through the tedious process of getting the courts to throw them out.
BUT, if they'v set up a Chippy, then they must have some money, so maybe apply for an Attachment of Earnings.
I personally wouldn't trust Landlord Action as they only act as postment - they screwed me up and charged me for the privilege.
If your notices were correctly served then court action is all you have left (unless you know some rather large well-built individuals with monosyllabic vocabularies....).
- Chris |
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Having exhausted my time and money. I am about to conclude that the law is not their to support and defend. After taking the tenants to court, received judgement in my favour and paying to evict the tenants who happened to have left the property without anyone's knowledge, I decided to send the bailiff to their new Bentley fish and chip shop/flat at 47 Bentley str. Cleethorpes.
The bailiff came back saying at the equipments, utensils, microwave use in the business are leased and can not be seized. There is nothing they can do to recover the rent of £4585 owed.
I wander why the bailiff/court could not request statement of their earnings such as bank statement or search their flat which is above the shop for their belongings.
I still wish to recover this money. Any advise would be appreciated
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Go for an "attachment of earnings" if it is possible - if they are sole traders will be a problem but if employed through a Ltd company easier to do. Bailliffs in my view are a waste of time.
If this is no good employ a debt recovery company as last resort. |
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Thanks Robert, Do you know any decent debt recovery firm?. |
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Have a look on the internet - only use one that is no win no fee and preferably local to you. |
