Getting Rid Of Tenant

[Tyrone]

Hi guys, wondering you folks could point me in the right direction. I have a tenant living my property, who refuses to renew a 6 months tenancy agreement . Her original agreement came to an end 2 and half months ago. She does pay her rent (sometimes late), but is a very difficult and rude person. She also stays in the kitchen all day and i have been told by the other tenants, that she is running a home catering service of some sorts, from the kitchen lol. The gas bill last month was £150 and this month it was £467.

What steps should i take to remove her ?

[Mochamoo]

Re: Getting Rid Of Tenant

You need to serve a section 21 to evict her... I havnt been a landord in 2 years but I think the law hasnt changed.

I think you have to give two months notice.

Google Section 21 and Section 8 notice to quit.

Also have a look at TAS Tenancy Agreement Service, I used it all the time

[Tyrone]

Re: Getting Rid Of Tenant

mochamoo thanks for the advice....2months? even though the fixed term tenancy finished in september?

can i not just give her 2-4 weeks notice?

and any advice on the illegal stuff she has been doing using my kitchen as a work place? i cant afford another £467 gas bill for another 2 months...

[Mochamoo]

Re: Getting Rid Of Tenant

mochamoo thanks for the advice....2months? even though the fixed term tenancy finished in september? Yes, you have to be fair and reasonable (even is the tenant isnt)

can i not just give her 2-4 weeks notice? when is she meant to pay monthly, weekly, yearly?

and any advice on the illegal stuff she has been doing using my kitchen as a work place? i cant afford another £467 gas bill for another 2 months...

Are the gas bills not in her name? Can you get it changed asap into her name. Even though she is operating from a home and therfore breaking the tenancy agreement you still have to evict her by the law or you will get thrown out of court if it comes to that, on the eviction notice you would have to give a reason, i would put a, tenancy agreement ended, b, late payments and c operating a business from the premises (if you can prove it)



I have somewhere in my computer all the stuff I had to use to evict some one. Its a mishmash of various forum advice and stuff i copied from various websites so it doesnt flow but should help. gimme 5 minutes I will see if i can find it.

I assume you took deposit to cover rent/bills ect that are unpaid. is it in the deposit scheme thingy-(came in after i sold my flat)

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ok, this is all i could find. No idea of the sources sorry.

Serving Section 21 Notices – Guidance for Possession Procedure
There are two types of Section 21 Notice:
s.21(1)(b) – for service during the fixed term – Fixed Term Assured Shorthold Tenancy
This is a 2 month notice which can be served on the tenant any time AFTER signing the agreement right up to and including the last day of the tenancy. You cannot seek possession until after the term ends, however early you serve the notice.
It’s a good idea to get a signed acknowledgement from the tenant making it clear that notice was served after the tenancy was signed, if you serve the notice on the same day as the tenancy is signed, otherwise serve it a day or two later, or indeed any day up to and including the last day of the tenancy term.
The principle behind serving early is that relations are likely to be very good at this stage and the notice will be accepted easily and with good faith.
If you have served the s.21(1)(b) more than 2 months before the term ended, it will expire when the term ends.
If you serve the s.21(1)(b) during the final 2 months of the term it will expire on a date after the term ends, after which possession can be sought.
s.21(4)(a) – for service after the term has ended – a Periodic Tenancy.
When the fixed term ends and where possession is not formally sought by the landlord the tenancy automatically becomes a periodic tenancy. This means that if rent is paid monthly the tenancy now runs month to month. The tenant can leave by giving just one month’s notice in writing, but the landlord still must give a minimum of 2 months’ notice.
The original agreement is still fully in force with all the terms still valid and enforceable on both parties. It’s very important to keep the original documentation in case possession proceeding are needed.
Serving a section s.21(1)(b) notice is straightforward as the notice is 2 months from the date the notice is served after which possession can be sought.
In the case of the s.21(4)(a) (Periodic) it’s different and more tricky. Get it wrong and you will find a court judge will throw it out and you’ll have to start all over again.
This notice must specify a date which is the last day of a tenancy period giving a clear 2 months notice to this date. In practice this usually means the tenant gets more than 2 month’s notice.
EG: 6 month AST tenancy starts 5th June 2006. Agreement is signed on the 5th of the month (Calendar months) therefore the last day of each tenancy period is the 4th of each month.
The fixed term of this tenancy would end on the 4th of December 2006, after which day possession could be sought if the s.21(1)(b) was correctly served during the fixed term.
However, the tenant still being in occupation at the time of this writing (15 August 2007) a s.21(4)(a) (Periodic) is required.
The next tenancy period end date is therefore the 4th of September 2007. Two months notice from that date would be the 4th of November 2007. Therefore, for example, a notice served today would need to specify the 4th of November as the notice date, after which possession will be sought.
August 2007 - 4th / 5th (15th - notice served)
September 2007 - 4th / 5th
October 2007 - 4th / 5th
November 2007 - 4th notice day
Serving The Notice:
The landlord must serve the notice (not his/her agent). If the agent serves the notice on the landlord’s behalf it will more than likely be thrown out of court.
The notice can be served personally (by hand) or by 1st class post either get proof of posting or send recorded deliver and allow some time for deliver (3 days ?) in your dates. Proof of posting is usually best as individuals sometimes refuse to sign for recorded delivery communications.
Summary:
A. s.21(1)(b) Served > 2 mths. before term ends: expires when term ends.
B. s.21(1)(b) Served during term's final 2 mths: expires 2 months after service.
C. s.21(4)(a) (Periodic) Served after term ends: expires when first periodic tenancy period ends following 2 mths after term ends. Example: let for 6 mths starting on 1 Jan. Term ends 30 June. Notice served 15 July. Notice expires after 30 September.
Our free Section 21 Notices combine both 21(1) and 21(4) – take great care to ensure that you indicate which one you are serving and get all the details exactly right.
Accelerated Possession Procedure
This procedure only applies to claims to recover possession against an assured shorthold tenant when the fixed period of the tenancy has come to an end.
The assured shorthold tenancy must have been entered into on or after 15th January 1989. The claim must be for just possession (i.e. not rent arrears). There must be a written tenancy agreement in existance and a section 21 notice requiring possession must have been served on the tenant, giving 2 months notice, which expired before the application was made to the court.
An application should be made to the County Court in the district where the property is located. It is necessary to exhibit a copy of the section 21 notice requiring possession with the court papers. An application should be made using form N5B.
The tenant must file a defence within 14 days of receiving the court documents. If the tenant fails to file a defence within this period, the landlord can request that the possession order be made.
There will not usually be a court hearing on an application under the accelerated possession procedure, unless the court is not satisfied that all matters have been complied with or if the tenant asks for a postponement of possession on the grounds of exceptional hardship.
A possession order will usually take affect immediately, unless the court is satisfied the tenant has made out a case for exceptional hardship, in which case possession can be delayed for up to 6 weeks.

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From Shelter.org

What if I have an assured tenancy?

If you are an assured tenant your landlord must give either two months' or 14 days' notice depending on the reason you are being evicted. If the reason is because you have done something wrong (such as rent arrears or antisocial behaviour) the notice will be at least 14 days. If you are being evicted for any other reason the notice must be at least two months.

[Tyrone]

Re: Getting Rid Of Tenant

Are the gas bills not in her name? Can you get it changed asap into her name. Even though she is operating from a home and therfore breaking the tenancy agreement you still have to evict her by the law or you will get thrown out of court if it comes to that, on the eviction notice you would have to give a reason, i would put a, tenancy agreement ended, b, late payments and c operating a business from the premises (if you can prove it)



I have somewhere in my computer all the stuff I had to use to evict some one. Its a mishmash of various forum advice and stuff i copied from various websites so it doesnt flow but should help. gimme 5 minutes I will see if i can find it.

I assume you took deposit to cover rent/bills ect that are unpaid. is it in the deposit scheme thingy-(came in after i sold my flat)

------------------------------- merged -------------------------------
ok, this is all i could find. No idea of the sources sorry.

------------------------------- merged -------------------------------
From Shelter.org

oh great stuff.....

i pay all utilities bills..it is a shared house - with 3 other tenants. Not sure how i would prove she is conducting illegal business - but i know for a fact she is. Yes i took a deposit when she moved in, earlier this year.

[Mochamoo]

Re: Getting Rid Of Tenant

Found it:

HOUSING ACT 1988 SECTION 21(4)(a)

as amended by the Housing Act 1996

Assured Shorthold Tenancy

Notice Requiring Possession: Periodic Tenancy

To:

[NAME OF TENANT 1]
[NAME OF TENANT 2]
[NAME OF TENANT 3]
[NAME OF TENANT 4]
[NAME OF TENANT 5]
[ADDRESS OF TENANT]

From:

[NAME OF LANDLORD]
[ADDRESS OF LANDLORD]

I HEREBY GIVE YOU NOTICE THAT I REQUIRE POSSESSION OF THE PROPERTY KNOWN AS

[ADDRESS OF TENANCY]

after [DATE OF EXPIRY](Date of expiry)

or, if later, the day on which a complete period of your tenancy expires next after the end of two months from the service of this notice.

Signed:



(Signature of Landlord)

Date of Notice: [DATE OF NOTICE]

IMPORTANT NOTICE TO LANDLORDS AND TENANTS

• This notice can be served after the fixed term has ended specifying a date after which possession is required, being the last day of a period of the tenancy (usually the day before a rent payment day) and not earlier than TWO MONTHS after the date the tenant receives this notice.

• The landlord does not need to give any reason for requiring possession.

• Where there are joint landlords, at least one of them must give this notice.

• Where there are joint tenants, it is preferable that each tenant be served notice.

• The landlord requires possession after the date stated in this notice or at the end of the period of the tenancy which will end next after the expiration of two months from the date the tenant receives this notice. If the tenant does not leave the dwelling, the landlord must get an order for possession from the court before the tenant can lawfully be evicted. The landlord can not apply for such an order before the notice requiring possession has run out i.e. before the date of expiry.

• A Tenant who does not know if he has any right to remain in possession after the notice requiring possession runs out should obtain advice from a solicitor or Citizen's Advice Bureau.

GUIDANCE NOTES

These notes are provided to assist you in completing your document. They do not form part of the Notice to Quit.

NAME OF LANDLORD

If the property is jointly owned, include all names.

ADDRESS OF TENANCY

The address of the property the landlord requires possession of. The address should be specific enough to fully identify the property. A description of the property is acceptable if property does not have a postal address, so long as it is specific.

DATE OF EXPIRY

The day, month and year after which the Landlord requires possession of the property. This should be the last day of a period of the tenancy (usually the day before a rent payment day). The tenants must leave the property on or by this date. The expiry date must be at least 2 months after the date that the Tenants receive this notice.

DATE OF NOTICE

The day, month and year on which this notice will be issued to the Tenants.

[breeze1996]

Re: Getting Rid Of Tenant

Why not write her a letter explaining that she can't use the kitchen for a buisness.

Also why not tell enviromental health that she is cooking for profit from a kitchen being used others, they will stop her selling her goods, it may not be nice but it will bring your gas bill down.

[Debtfix]

Re: Getting Rid Of Tenant

If your tenant is conducting a business in contravention of the terms of your original assured shorthold tenancy she has breached the terms of her tenancy and you need a section 8 eviction. The section 21 notice is a "no fault" eviction and attracts two months notice but takes a lot longer to achieve because the process is so slow in the courts. You need to issue a section 8 and go for a possession order straight away. Also contact the council environmental section. I am pretty certain that your kitchen will not comply with the Hygiene regulations, she may get a nice big fine as well as being shut down. (Go on lower gas bills will result!!). Of course she has not registerd her "business" with the Inland Revenue. Why not let them know of the massive income you have seen her making? They will want their cut won't they? Is she in receipt of benefits? Well the DWP like to hear about benefit cheats don't they?

When an assured tenancy expires it is not necessary to renew it. The tenancy can continue on as a "periodic tenancy" with the same rights and responsbilities as under the assured tenancy. So don't lose sleep over that particular issue.

As for the gas bills, they are yours because you are legally liable for them. The clue is that your name appears on the bill. Turn the gas off if you can at the meter. She is certainly abusing your soft nature. No amount of letter writing transferring liability will work unless she accepts the liabilty, is that likely? Probably not. So safely turn off the gas and lock the gas cupboard or the handle on the meter.

When she is gone you can either put all this down to experience (recommended) or sue her in the county court for all the gas she used in excess of the normal usage rate. Just don't put yourself into this position again, RIGHT?

[Hurricane Puffrose]

Re: Getting Rid Of Tenant

PLEASE do NOT touch the meter!

you will be causing more problems than it is worth and turning off a tenants gas supply is veiwed as harrasment.

http://england.shelter.org.uk/get_ad..._by_a_landlord
removing or restricting access to services such as gas, electricity or water, or failing to pay the bills so these services are cut off.

also, if you, (and im sure turning a gas supply off is a simple proceedure but hear me out) make a mistake and your tenant becomes ill due to Carbon Monoxide, you are liable. PLEASE PLEASE do not interfere with gas, it can and does kill people.

[Guest]

Re: Getting Rid Of Tenant

You need to serve a section 21 to evict her... I havnt been a landord in 2 years but I think the law hasnt changed.

I think you have to give two months notice.

Google Section 21 and Section 8 notice to quit.

Also have a look at TAS Tenancy Agreement Service, I used it all the time

Don't put up with it!

Dear Mr Horwood
I am supporting Shelter's campaign to evict rogue landlords. Tenants shouldn't have to put up with squalid, dangerous living conditions or face harassment, intimidating behaviour or illegal eviction.

As the number of people living in the private rented sector grows, I believe there should be a national system in place so that landlords can demonstrate their commitment to providing quality homes and tenants can check to make sure that their landlord is reputable.

My area does not have a landlord accreditation scheme. Why not?

Putting in place a landlord accreditation scheme would provide an objective benchmark for landlords to operate against, while informing and empowering tenants in the area to make good choices about who they rent from.

Many local authorities with schemes have seen more sustained tenancies, improved standards and issues being resolved earlier with lower costs to authorities.

I think its time we implemented a system.

I look forward to hearing from you.

Yours sincerely,
Christian Passy

[Guest]

Re: Getting Rid Of Tenant

PLEASE do NOT touch the meter!

you will be causing more problems than it is worth and turning off a tenants gas supply is veiwed as harrasment.

http://england.shelter.org.uk/get_ad..._by_a_landlord
removing or restricting access to services such as gas, electricity or water, or failing to pay the bills so these services are cut off.

also, if you, (and im sure turning a gas supply off is a simple proceedure but hear me out) make a mistake and your tenant becomes ill due to Carbon Monoxide, you are liable. PLEASE PLEASE do not interfere with gas, it can and does kill people.

Don't put up with it!

Dear Mr Horwood
I am supporting Shelter's campaign to evict rogue landlords. Tenants shouldn't have to put up with squalid, dangerous living conditions or face harassment, intimidating behaviour or illegal eviction.

As the number of people living in the private rented sector grows, I believe there should be a national system in place so that landlords can demonstrate their commitment to providing quality homes and tenants can check to make sure that their landlord is reputable.

My area does not have a landlord accreditation scheme. Why not?

Putting in place a landlord accreditation scheme would provide an objective benchmark for landlords to operate against, while informing and empowering tenants in the area to make good choices about who they rent from.

Many local authorities with schemes have seen more sustained tenancies, improved standards and issues being resolved earlier with lower costs to authorities.

I think its time we implemented a system.

I look forward to hearing from you.

Yours sincerely,
Christian Passy