Problem tenants Problem solicitor my problem!

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

lol I will, my solicitor didnt go but sent an advocate.
Ooh I hope only one bite is right, I will ring first thing tomoz and let you know.
Promise will stay calm and collected, then hit the caffine and ciggys
s

[New_Age_Biker]

Re: Problem tenants Problem solicitor my problem!

I now only take a tenant with a guarantor
If they don't pay I issue against the guarantor
Works well so far!

[bluebottle]

Re: Problem tenants Problem solicitor my problem!

Beware of the Equality Act 2010. Mental health issues are covered by the Act. If your solicitor hasn't taken account of this piece of legislation and it throws a spanner in the works, I'd be inclined to get hold of a copy of Stone's Justices' Manual and throw it at the solicitor.

[Debtfix]

Re: Problem tenants Problem solicitor my problem!

My goodness you have made a right dogs dinner of this! The rules are under the 1988 Housing Act, a section 21 is a "no fault" eviction. You are required to give two calendar months notice starting from the next rent due date. If they do not leave (they are under no obligation to leave) you then apply to the court for a possession order. The judge has no discretion in this matter and MUST grant you the order. There is a simple form available at any legal stationers that can help you stay on track. Once you have your possession order you serve that on your tenants. There are days of grace while the tenants consider the order. If your tenants submit a defence on a N244 or apply for an application to set aside you both attend court to plead your case. The main defence used is "Extreme Hardship" and the judge may postpone the eviction ONCE if the tenant makes his case. If there is no application then you apply for a warrant and ask the court bailiff to attend your property to physically evict the tenants. Job done.

I cannot think that under any circumstances a petition for a stay would involve the "re-homing" of animals. I could easily rehome a tarantula under a hammer, and snakes go back to the jungle, dogs to kennels etc., etc.

The defendants do not have the right to continually postpone the eviction. Under a section 21 the local council has a duty to rehouse the tenant because the tenant is "not intentionally homeless". If there are rent arrears deal with them through the County Court as a money issue but (grey area warning) do not mention when asked that there were any rent arrears because the councils are seeking any excuse to avoid rehousing people under the "intentionally homeless" rule. If you want your tenants gone be benevolent and keep any charitable actions on your part a private matter between you and the tenant. Often the tenant will not fight the eviction if offered somewhere else to go like a Housing Association property. This might be seen as sharp practice by colleagues here but it is an easy way to pass difficult tenants on painlessly and utilises a loop hole in the law.

Tenants can be intentionally homeless if they breach the terms of the tenancy and /or in arrears of rent over (grey area warning) three months. Housing Associations appear to "allow" upto £600 of arrears before they get started on legal action so take that as your guide.

A section 8 is fraught with dangers as seen from the foregoing. A landlord must be mad to use this section as the tenant is bound to fight if he/she is going to be literally thrown out on the street.

Some landlords are putting a section 21 in place soon after the tenancy starts. Personally I do not welcome this practice because it denies the tenant his right to two calendar months notice. A section 21 is a persistent (never ending) instrument and I came up against a three year old section 21 in a recent case. The judge did not accept my argument (as provided by Shelter and a major council) that a change of the terms of the tenancy ie a rent increase, constituted a change in the contract terms (tenacy agreement) and therefore the renewal was in fact a new contract deleting the section 21.

I was then going to reapply with extreme hardship (disabled persons with house adaptions in place) as the defence when the parties saw sense and settled their differences between themselves.

There should always be a "no pets" clause in the tenancy agreement. If you allow a rollback against this clause you should send a letter to your tenant varying the clause for a specific period of time. You were told that the dog was a temporary resident. LOL not that old one AGAIN LOL. Now that I have regained my composure I will continue ... this is always the way that tenants try to get around this clause. You often find that the pet "owner", Auntie May is in hospital/ dead/ moved abroad (go on guess one for yourself!) but will never take back the animal. So set a time limit. Tell your tenant that the dog, rat, cat, snake, taratula and budgie (going cheap!) means that you will raise the rent if the animal is not removed. Animals especially dogs can ruin carpets and furniture. Ever been in a really stinky house? Dogs stink if badly kept. I would not rent from you if the house stank. So its a complete re-dec and new carpets hence the extra rent payment. Cats are the same. If they use a cat tray with litter the stink is massive. Cats scratch furniture, chair legs, run up curtains, HAVE FLEAS. Birds can be very dirty, flicking their s**t out the cage and they do the same with their food and seeds start growing in your carpets. Not all owners neglect their animals to the point where the house stinks, but make no exceptions. If your tenant chooses to go against the tenancy agreement you can evict, and pets can cost YOU a large amount. It took me three months to clear a flat of fleas and I had to kill the eggs they left behind and any larvae at considerable cost and discomfort.

There is no school for landlords but there are local and national associations for landlords that you can join and obtain further advice on any problems that arise.

OK so lets look at another problem. I sued a landlord and got £25,000 in damages, costs, and returned goods. The landlord actually landlady, claimed "abandoned tenancy" as a defence against the charge of an illegal eviction. There is no such defence according to my barrister at £1500 an hour! That was an hour well spent tho!!! If the flat appears not to be occupied that does not give the landlord the right to enter the property unannounced. You have to send a letter giving at least two days notice that you are coming to inspect the property. Deliver the letter by hand wait the notice period and then you can enter the property to inspect. If it does look as if the flat is not in active occupancy one sign is that the fridge has stopped [no electricity] and has rotting /spoiled food in it [beware students who like their food in that condition (LOL) ]. But whatever you see or whatever you think you cannot evict the tenant's property onto the street without a court order.

Here a section 8 might be appropriate as there are likely to be rent arrears. For reasons detailed above a section 21 will keep you safe. Once the possession order and warrant for eviction is in place you can proceed. My landlady an arrogant bitch was brought low because she thought she had rights she did not in reality have access to. Many young people are evicted in this way in my city (a university city) because they are ignorant of their rights. But that does not make the actions of the landperson (ugh!) legal or right.

Don't be an arrogant landlord; get the law on your side, it is easy enough.

[jaydee]

Re: Problem tenants Problem solicitor my problem!

Re electrics issue flagged by tennant. http://www.gosschalks.co.uk/insights...tion-evictions