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Thread: Tenant eviction

  1. #1
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    Tenant eviction

    One of our tenants has overstepped the mark in our opinion and we have decided they have to go.
    Basically they are constantly late or underpaying with the rent, ( can't remember when the last time was that they paid on time ), sometimes until the following month, have a dog without permission, ripped the lounge carpet up because of the dog pissing on it, moved a friend in without asking, and just been a pain in the arse.
    We've put up with this so far due to the hassle and costs of evicting them, but the final straw was today when they were very verbally abusive to my partner when being reminded the rent was due.
    I do use an agent to find any tenants for us, but then manage ourselves, should we simply leave it to them to take action or is there something we can do first that won't start costing us an arm and a leg.

  2. #2
    cant you put them on notice, hopefully their deposit is bigger than the period, then hold the deposit as they probably wont pay the rent.

  3. #3
    Grand Master Mr Curta's Avatar
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    Serve a section 21 and give them reasonable time to find somewhere else. And yes, you probably won't see any more rent.

  4. #4
    Grand Master number2's Avatar
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    We recently used a section 8 it's quicker, do a little on line research or ask the advice of the letting agent. https://www.theonlinelettingagents.c...-a-section-21/
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  5. #5
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    Serve section 8 if they have broken tenancy agreements.

  6. #6
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    Piss through their letterbox.

    Oh wait.

  7. #7
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    Would the above mentioned reasons be enough to serve a section 8, does having a dog/housemate and being abusive justify this, they are not 2 months behind on rent, so that doesn't count.
    I'm waiting to hear back from the letting agent but I'd like to know my options.

  8. #8
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    Quote Originally Posted by rico View Post
    Piss through their letterbox.

    Oh wait.
    Lol, I half expected, "send a few mates round", it's a shame that it's now a lot harder to evict someone, but I suppose tenants have to be protected as well.

  9. #9
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    Sign up on Landlordzone & read about the proccesses available to you. Be very careful you follow all of the steps correctly.
    https://forums.landlordzone.co.uk/

    A couple more links to look at:
    https://nearlylegal.co.uk/section-21-flowchart/
    https://www.landlordaction.co.uk/
    https://www.landlordaction.co.uk/inf...ess-explained/
    https://www.landlordaction.co.uk/inf...n-action-take/
    Last edited by Mr Pointy; 18th November 2019 at 17:43.

  10. #10
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    Quote Originally Posted by Mr Pointy View Post
    Sign up on Landlordzone & read about the proccesses available to you. Be very careful you follow all of the steps correctly.
    https://forums.landlordzone.co.uk/

    A couple more links to look at:
    https://nearlylegal.co.uk/section-21-flowchart/
    https://www.landlordaction.co.uk/
    https://www.landlordaction.co.uk/inf...ess-explained/
    https://www.landlordaction.co.uk/inf...n-action-take/
    I've just signed up.
    It would appear from a quick read that you can either do section 8 or 21, one is because the tenant has defaulted, the other is because you want your property back, that's the very simple version.
    I didn't think you could just say you want your property back anymore, unless you wish to sell it etc. is that right?

  11. #11
    Grand Master number2's Avatar
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    At first glance they have breached the terms of the contract, just double check with the agent but going on what the OP has said sec 8 would be my route.
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  12. #12
    Master blackal's Avatar
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    If they owe money at the end up - donít they risk the possibility that you register and pursue a claim - giving them a rather poor credit score and likelihood of getting another rental.......... Poor?

  13. #13
    Grand Master number2's Avatar
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    Quote Originally Posted by blackal View Post
    If they owe money at the end up - donít they risk the possibility that you register and pursue a claim - giving them a rather poor credit score and likelihood of getting another rental.......... Poor?
    True, but some people simply don't give a flying f.
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  14. #14
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    Ooof bad tenants there and too much tolerance on your end, better to cut your losses straight away at first sign of late rent payments, kinder/ cheaper for you, all round. Are they very attached to the dog...maybe some additional leverage there if the conventional measures donít work.Good luck.

  15. #15
    Grand Master number2's Avatar
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    Quote Originally Posted by Passenger View Post
    Ooof bad tenants there and too much tolerance on your end, better to cut your losses straight away at first sign of late rent payments, kinder/ cheaper for you, all round. Are they very attached to the dog...maybe some additional leverage there if the conventional measures donít work.Good luck.
    Sorry but,,,
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  16. #16
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    Quote Originally Posted by blackal View Post
    If they owe money at the end up - don’t they risk the possibility that you register and pursue a claim - giving them a rather poor credit score and likelihood of getting another rental.......... Poor?
    Sadly, the sort of people who treat rented property like that don't give a monkey's. They won't be leaving a forwarding address so you have nowhere for your legal claim to be addressed to. And they'll have moved another half dozen times by the time you get judgement in your favour.

    As utterly galling as it is, best solution is probably to offer them money to go. Just last week a friend in the pub, who is about as hard-nosed a landlord as you will find, said that. You will incur legal costs, more lost rent and more damage to your property if you try and evict through the courts and no-one (Police etc.) cares because all private landlords are awful people and all tenants are vulnerable, poor, helpless unfortunates - if I believe what the papers say.

  17. #17
    Grand Master number2's Avatar
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    Section 8, breach of contract end of.
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  18. #18
    Grand Master
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    Quote Originally Posted by number2 View Post
    Sorry but,,,
    Chuckle just kidding re the dog, those tenants sound like the scum of the earth so probably wouldnít be even provide leverage. Op should definitely sack the agent he uses for finding, checking his tenants though.
    As before, good luck.

  19. #19
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    Quote Originally Posted by Passenger View Post
    Chuckle just kidding re the dog, those tenants sound like the scum of the earth so probably wouldnít be even provide leverage. Op should definitely sack the agent he uses for finding, checking his tenants though.
    As before, good luck.
    I should have said, we had these tenants before we started using an agent, so it's down to us initially.
    I would have probably just carried on playing the game every month, text messages etc etc then a phone call, then eventually the rent, or part of.
    But it was when they started swearing to my partner on the phone that I thought we don't need this sort of shit, we don't get it from our other tenants.
    Low and behold the rent has been paid in full tonight along with arrears from last month.

  20. #20
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    It would appear from a quick read that you can either do section 8 or 21, one is because the tenant has defaulted, the other is because you want your property back, that's the very simple version.
    You do both.
    Section 21 to just gain posession which can give them 2 months notice and then go to court.
    Section 8 if they are 2 months in arrears or have a history of late or incomplete payments which can give them 2 weeks notice and then go to court.
    Don't forget that 2 months in arrears means just 1 month and a day.

  21. #21
    Master Thewatchbloke's Avatar
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    Now they've cleared the arrears fill in a section 21 form and arrange an appointment to meet with them. Show them the form, ask them if they know what it's for and explain if they don't.

    Explain to them that this time you won't be issuing it but any more breaches of contract or swearing at your partner and the next time they see a section 21 it will be for real.

    They sound like a pain but they do seem to pay the rent, albeit not always on time. All the other stuff like decor, carpets, pet etc can be sorted when they do eventually leave or you take possession, it's not ideal but it is a lot more cost effective to keep them there if they are paying the rent. In my experience you sometimes have good tenants, sometimes have pain in the arse ones and very occasionally you have nightmare tenants. This pair sound like the middle type to me.
    Last edited by Thewatchbloke; 19th November 2019 at 11:18. Reason: Typo!

  22. #22
    Grand Master number2's Avatar
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    I'd go down the same route as "thewatchbloke", read them riot act, this could be a turning point and a paying tenant is better than an empty house.
    "Once is happenstance. Twice is coincidence. The third time it's enemy action."

  23. #23
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    Make sure OP that you have malicious damage cover on your landlords insurance then serve them a section 21.

  24. #24
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    Thought I'd update this after all the advice given on here and the letting agent we now use.
    I have tried to contact the tenant to set up a meeting to let them know just how we feel about the situation and what might happen next if they don't start basically behaving themselves etc etc, ( I feel that if we behave like the bigger/better people then at least we've tried, and they can't say otherwise ), anyway, they seem to be ignoring me and I'm not going to keep chasing them.
    We're letting it simmer for a couple of weeks and if no contact is made by them then we're serving notice, ( whichever one the agent thinks is best at the time ).
    We can do without all the expense of serving notices etc and then sorting out the property ready for letting again, but if it comes to it then we'll take the hit for the sake of a better tenant.
    Brilliant advice/guidance given on here as always and I will keep this thread updated as and when things develop.

  25. #25
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    We're letting it simmer for a couple of weeks and if no contact is made by them then we're serving notice, ( whichever one the agent thinks is best at the time ).
    Serve both, you have grounds(as long as you've kept records).And you can do it yourself, you don't need an agent, they just cost you money.

  26. #26
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    Quote Originally Posted by K300 View Post
    Serve both, you have grounds(as long as you've kept records).And you can do it yourself, you don't need an agent, they just cost you money.
    I agree with K300 but make sure you do it all correctly. You'll be dealing with an expert by the time they have sought advice from whatever agency they turn to with their sob story.

    I can't imagine the agent is going to do much for you when it comes to the crunch.

    Sent from my SM-G950F using Tapatalk

  27. #27
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    Quote Originally Posted by K300 View Post
    Serve both, you have grounds(as long as you've kept records).And you can do it yourself, you don't need an agent, they just cost you money.
    When you say, "records", do you mean rent payments, (or lack of), or just general records of what they've been doing etc.

  28. #28
    Journeyman
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    Make sure you take legal advice before serving any notices unless you know exactly what youíre doing.

    There are an almost infinite number of ways you can serve an invalid s21 notice and if you do you wonít know about it until a long way though the process.

    With a s8 notice the potential for a counterclaim and thousands in costs is very real.



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  29. #29
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    When you say, "records", do you mean rent payments, (or lack of), or just general records of what they've been doing etc.
    You will have a copy of your AST which will state when and how much the rent is to be paid.
    Make a spreadsheet of when and how much the tenant actually paid for each months rent, back it up with your bank statements.
    Make a spreadsheet or word doc of the damages, backed up with pictures(take lots).
    Going forward if you haven't already done it make a list of what is and what is not acceptable wear and tear and get the tenant to sign it, probably a bit late in this instance.
    For instance:
    Acceptable: Carpet worn over time - Unnacceptable: Damage or holes, liquid or other staining.
    Acceptable: Small nails/pins in walls for hanging pitures etc. - Unnacceptable: large nails or screws, holes, or other damage to walls.
    You get the idea, then there is less ambiguity over what they thought was acceptable at the end of the tenancy when you find a million coffee stains in the bedroom carpet.

    Make sure you take legal advice before serving any notices unless you know exactly what youíre doing.
    There are an almost infinite number of ways you can serve an invalid s21 notice and if you do you wonít know about it until a long way though the process.
    With a s8 notice the potential for a counterclaim and thousands in costs is very real.
    It's not really that bad, yes do familiarise yourself with the procedure and just use the governments prescribed procedures and documents and you can't go far wrong. Solicitors and others with a vested interest in you using their services have a conflict of interest and will draw things out because you are paying more of their mortgage off for every hour or part thereof they can charge you. Estate agents are in the same bracket. Present company excepted of course.
    I have a tenant who despite loads of text messages virtually every month didn't pay on time or only part of the rent, I printed out the spreadsheet put it into an envelope with a Section 8 and went round(with a witness, if you are male and the tenant is female always take a witness).
    I had her open the documents and had a chat, basically the upshot was that she needs to start paying on time and in full or I can go to court and have her evicted.
    She is now a model tenant and just needed the kick in the pants that she could lose the house.

  30. #30
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    I have a tenant who despite loads of text messages virtually every month didn't pay on time or only part of the rent, I printed out the spreadsheet put it into an envelope with a Section 8 and went round(with a witness, if you are male and the tenant is female always take a witness).
    Correction:
    I have a tenant who despite loads of text messages virtually every month didn't pay on time or only part of the rent, I printed out the spreadsheet put it into an envelope with a Section 8 and went round(with a witness, if you are male or identify as a male and the tenant is female or identifies as a female always take a witness).
    Now covered the bases.

  31. #31
    Journeyman
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    Weíll have to agree to disagree on taking legal advice and I admit to having a vested interest but almost always, the clients who see me having started the process themselves without advice end up spending far more in costs than those who see me at the outset.


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  32. #32
    Journeyman
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    Hereís a handy flowchart to avoid serving an invalid s21:


    http://nearlylegal.co.uk/wp-content/...Sept2019v2.pdf


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  33. #33
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    Well there's a surprise, the rent arrived on time this month, and in full.

  34. #34
    Grand Master hogthrob's Avatar
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    Quote Originally Posted by Weirdfish View Post
    Well there's a surprise, the rent arrived on time this month, and in full.
    Does the tenant have an interest in watches?

  35. #35
    Craftsman Templogin's Avatar
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    They must have heard that there was no room at the inn.

  36. #36
    Master TimeThoughts's Avatar
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    I have a completely different take on this borne out of years of experience.

    Take the financial hit now and try and make things civil and polite between you and the tenant (never mind how bad they are).

    Tell them in January you are selling the property ASAP due to some urgent need (illness/debt/etc.) and hopefully you will be rid of them by April.

    The formal routes can drag on for months and you'll lose a fortune in lost income and sorting out the state of the place when you get it back.

    I've been down both roads.

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