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I have a tenant who hasn't paid any rent for 4 months. I served him notice to leave on the 16th March. On the 16th when the agent called in to collect the keys etc. the tenant said that he's not moving because he has no where to go.
I had the homelet rent guarantee, so I put in a claim with them. They have accepted my claim and said that they'll serve the eviction notice. Then wait for the court order etc. This whole process can take upto 3 months.
I've been told that the tenant can potentially live in my property without any contract until such a time when the court decides that I'm right.
What is my legal standing now? There is no contract between the tenant and myself and he hasn't paid me any rent for 4 months.
I'd appreciate any kind of advice or help that anyone can please give me.
Thanks
Aarti
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Hi Aarti,I have no knowledge to help you.But if you have started court proceedings,I guess you will have to wait it out.Someone will be along soon to help you.
Sorry and good luck.
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You can claim for this period which is known as mense profits (pronounced means) at the same rate as if the contract was in place.
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You know what i do mate, i go in and change the dam locks. I put all there stuff by the front door so when they arrive i say "there's your stuff, and there's no such thing as a free ride goodbye" if they want to take me to court then im happy for that to happen, however im never going to take them to court never, why should i pay out another penny. These people are low life, hopeless, no good to society. It's about time good hard working folk were put first. |
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Be very careful here - it's dangerous grounds to enter a tenanted property without the tenant's permission, even if they aren't paying. Better to go the legal route. You can end up in jail otherwise - the law comes down heavily on landlords at times. |
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Will - good advice. Some of these tenants are crafty and are aware of the Protection from Eviction Act which is a criminal offence and you could be seriously fined by the court for changing the locks. Very dangerous! |
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Thank you all. I did consider all of the above as well. But I was told that i could end up imprisoned and with a liability of 30k or over ! There is no protection for landlords whatsoever. Its absolutely ridiculous!
I managed to get through to homelet, who have filed a court hearing against him. They will sort out the solicitor etc. I have to wait for the date of the hearing. And if the hearing is in my favor, then the court will order bailiffs. I have no idea what happens if the tenant does not attend the hearing. I'm sure the court will protect him and give him more time !
Homelet told me that it will take a minimum of 2 months, but more typically 4 months. So that means, I'm losing rent for all that time in addition to the already existing rent arrears.
Moral of the story, never show any kind of understanding or sympathy to tenants. Kick them out at the first sign of arrears !!! (The reason I trusted this guy is cos he had a partner and a young daughter. He works for Royal Mail, and is a volunteer police with hertfordshire constabulary! So he was not just picked up randomly off the street !)
I'll let you know the outcome.
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James and Alex
Don't lower yourselves to the tenant's level if they have seriously breached the contract. Do things by the book otherwise you give all us professional landlords a bad name!
As there was an insurance policy in place - it costs nothing to down the proper route in this instance. Let the insurer's lawyers deal with it properly! |
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As you are the owner of the property what would happen if you started knocking on his door at midnight or getting your friends anoy him! What about changing the the elctricty, gas and water to your names and then cutting them of. if you have to suffer then so should they. Then again the law is the law. |
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Last year i evicted 3 tenants on the day i went down, i take no shit from these people and tell them straight. There problem is proving harrasment and getting a soliciotr to take there case on. You normally find soliciotrs are a fair bunch and dont take there cases on. Dont show them any sign of weekness, ive knocked a tenats door once 6.30 in the morning, you can say i got him as i just stood at the door and he was on his way work. In the end i rang his parents and told them ill be collecting my money from them, they said well it's nothing to do with us, i simply replied i know that, however im now collecting from you, so they paid up and got there son and his girlfriend to move out the very next day.
No body wants trouble, however if they try to screw with me then there screwing the wrong person. |
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There is a difference between demanding rents and evicting tenants. You are perfectly at liberty to demand rent from tenants so long as you do not harass them (whatever that means or consists of) or wrongfully evict them.
Many tenants go because they cannot pay - fine but don'y change the locks and leave their stuff on the doorstep!
It is up every individual to decide how far to push things. |
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Sound advice Rupert. A lot is said on forums which has to be taken with a pinch of salt by others reading these posts. The law can be extremely heavy, and some of the posters are clearly proposing harrassment as a solution. This is illegal, and comes with heavy penalties, including imprisonment. Solicitors may not like taking on the cases for the tenants (according to above poster), but judges are very severe, and take their responsibilities seriously. |
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Christ,remind me not to rent from Alex M.
He sound real bad!!
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Aarti you say this tenant is or was a Special Constable. As you may know he should not have any debts, otherwise he cannot hold the position as a constable. I am in a similar situation; my tenant is a female with three kids. Her partner left. She is now three months behind. |
