plym77 Posted June 6, 2007 Report Share Posted June 6, 2007 Hi all Further to my posts about mice, dogs and kids being unexpected tenants in my flat in Plymouth, and the fact that despite trying to contact my tenant, the rent (due on 1st) is still outstanding (she always pays late, but this is the latest yet!), I think I may have come to the conclusion that this tenant just isn't worth it. We are now outside her 6 month tenancy agreement period. My question is what exactly do I do? I know that there have been various posts re this subject but the is the first time I have had to evict a tenant so I would be grateful to receive from advice from more experiences evictors!! Sorry, but I have a number of questions, and would appreciate some guidance Q/ Do I have to give 2 months notice?? My tenancy agreement only says 1 m, does the law overrule that even though that was what she agreed to? Q/ Can I offer her a 'if you leave within 10 days I shall only charge half rent for the period 1 June - x June', otherwise full rent, plus charges for late payment will be due' I expect that eviction would mean that she wont pay anyway! Q/ How do I actually go about evicting her? I know there are various notices and that it is important that they are right, but I dont know what to do exactly and would rather avoid the costly exercise of employing a firm to do it for me if I dont really need to, however, if anyone knows of a firm that is good value for money and would advise against doing it myself then I will hand it over. I dont live in the same city. I think I would at least try and dop the first stage myself if possible. Q/ What if the damage caused comes to more than her deposit? I expect she will not pay the rent if she is evicted so therefore the damage will need to come out of my pocket. Can I take her to small claims court? Q/ I am going to text her in a minute (other than letter, this is the only way to contact her, she wont answer her phone). If she does pay the rent then unless there is a valid reason why a) rent is late and why she didnt inform me before, or as a result of my text on Monday and Tues requesting (politely) as to why she would not be paying the rent on time, I think I should bite the bullet and evict - however, would I be better to unreasonably raise the rent and ask for an additional bond because of the dog than to try and force eviction? Really, just any step by step advice will be really helpful This is a headache - i think some of these tenant just assume that because you have a BTL that you are rich and therefore they have no sympathy for landlords... who actually pay mortgages on these properties!! Thanks in advance Sherena Link to comment Share on other sites More sharing options...
plym77 Posted June 6, 2007 Author Report Share Posted June 6, 2007 anybody? I could really do with a bit of advice on this many thanks Sherena Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 6, 2007 Report Share Posted June 6, 2007 Hi Plym I would try to speak to them but if they are not willing - withhold your tel no as they may answer! If this fails then you will have to resort to writing Issue a section 21 Not sure about the 1/2 months as i have never issued one ! always do it as below.... Write a careful letter explaining that if the overdue sum is not paid as cleared funds within 7/10/14/21/28days you will be handing the case over to profesional DC ("Thornbury" are excellent !) stating that their 15 % fee will be payable by the Tenant (plus any additional expeneses t decides to cause thornbury ) Also details all damage and problems as per your inspection and request that they be remedied within 7/10/14/21/28 days when you will perform a another inspection. You can offer her whatever you like to get out on any agrres date as long as you get it in writing ! "charges for late payment" are going to be restricted by whatever you have in you ast(plus DC fees) If you give her 2 months notice then when you do reinspect inform her that house has been let for day after her notice expires - so just to confirm that the is no option of staying past notice date (whether you have or havent is irrelevant) For future ref change your lease to include £5 per day late fees £15 per weekly written reminder also interest on (5%above base) on all outstanding monies (clauses i rarely invoke or enforce but essential to motivate in situations like this) Damage bill can be estimated now and added to DC later or negotiated with T now ! DC i find more effective than sml claims ct Personally i would do all this face to face but if you cant Send by carrier or recorded delivery I'm would think most people will have have different ideas though ................. Simon Link to comment Share on other sites More sharing options...
tony_ mort Posted June 6, 2007 Report Share Posted June 6, 2007 Hi Sherena, To serve a section 21 you have the option to wait until just before the end of the period (1st July now). Don't tell them about the eviction until they have paid this month otherwise you could well lose this month unnecessarily if they decide to stop paying. Sorry though, you do have to give 2 months. Regarding eviction look at www.landlordlaw.co.uk - to get the full information and access to documents you will have to join, but I think it's worth it. Don't try to unreasonably raise the rent: you can only do it by granting another tenancy - which you don't want to do, or by serving a section 13(2) which gives them the option to refer the new rent to the Rent Assessment Committee (Rent Officer). They have the power to unilaterally set the new rent - and don't expect them to agree with you! You could try to bargain. I've done it a few times with mixed results: if they are looking for a council house forget it - you will have to evict them through the courts. If they want to rent privately you could offer full deposit and a good reference (and a sweetener if you're feeling generous) if they can get out ASAP. You can cite Environmental Health issues, or you want to move in yourself , whichever. Just don't give anything up front. Cash only as they walk out the door. If they do stay to the end you could try legal action for the damage, but even if you are successful, realistically you are unlikely to see a penny. If they have assets you could chase them, but it doesn't sound as though they have, and so it could be good money after bad. When they move ensure you change the locks as soon as you have seen them off the premises. Tony Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 6, 2007 Report Share Posted June 6, 2007 Hi Plym "If they do stay to the end you could try legal action for the damage, but even if you are successful, realistically you are unlikely to see a penny. If they have assets you could chase them, but it doesn't sound as though they have, and so it could be good money after bad." Couldn't agree more ! BUT if you use debt collector it will be "no win - no fee" and any fee will be paid by T Also Debt C can keep the debt live for 6 years or more - they are very good at what they do - and usually create an instant reaction as the very threat of them causes a mental condition of "fear" in most people ! Simon Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 6, 2007 Report Share Posted June 6, 2007 Hi Plym "If they do stay to the end you could try legal action for the damage, but even if you are successful, realistically you are unlikely to see a penny. If they have assets you could chase them, but it doesn't sound as though they have, and so it could be good money after bad." Couldn't agree more ! BUT if you use debt collector it will be "no win - no fee" and any fee will be paid by T Also Debt C can keep the debt live for 6 years or more - they are very good at what they do - and usually create an instant reaction as the very threat of them causes a mental condition of "fear" in most people ! Simon Link to comment Share on other sites More sharing options...
plym77 Posted June 7, 2007 Author Report Share Posted June 7, 2007 thanks for the advice guys. Further developments are that following a text to her yesterday saying along the lines of pay up by 5 o'clock or I will take matters further, she finally text me back and said she would be putting in a proportion of the rent today with the balance Friday. I have now arranged to speak to her by telephone tonight (she never usually answers her phone, but she knows I am serious) - so I am going to read her the riot act and find out exactly what is going on and take matters from there I think. If there is a valid reason for the rent delay then I will think again about evicting her - providing she understands that any more messing around and she is out! Thanks again Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 8, 2007 Report Share Posted June 8, 2007 Hi Plym So has the T "turned over a leaf" ? Simon Link to comment Share on other sites More sharing options...
plym77 Posted June 8, 2007 Author Report Share Posted June 8, 2007 Hi Simon I spoke to her last night. Apparently she was off work until recently with a broken ankle and was unable to wirk. This cause problems with her bank as they were chewing up all her money with charges so she was struggling to get the money together. She was worried about telling me that she was off incase I kicked her out. I read her the riot act and she has agreed to set up a standing order and assured me there would be no more problems, she appeared to sound very embarrassed about the whole situation. I have decided to give her the benefit of the doubt. I have agreed to pay for an exterminator but future pest problems are her issue as they can only have been caused by leaving food to attract the mice! I have also decided to draft a 'house rules' leaflet re leaving food out, keeping everything clean, what to do when there are issues etc. I have therefore agreed to send her another tenancy agreement (looking at the one I had previously it doesnt seem to cover enough anyway and may have caused me problems with eviction as I have arranged for a third party to deal with it and it would appear that there aren't enough signatures from either party on the appropriate pages and I would like to add the charges bit of advice you gave me Simon - thanks) to list her two adult children (over 18) and allow her the dog - but no more pets - and on the proviso that any damage is rectified. Now that I am updating the Tenancy Agreement, I wondered if anyone knew where I could get a decent one that will also cover the Tenancy Deposit Scheme (which I assume I must now adhere to with a new agreement)? Thanks again for your help on this - any advice on additions in the Tenancy Agreement I should make would be much appreciated. Thanks Plym Link to comment Share on other sites More sharing options...
Matthew Posted June 8, 2007 Report Share Posted June 8, 2007 Simon has the definative contract which covers everything from leaky wellies to fly-by-nights, very long but worth it. (Don't have a copy on me at the moment) Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 8, 2007 Report Share Posted June 8, 2007 Cheers for the vote on that Mat ! mine is undergoing yet another re-write -tds etc and a few more little extras! Simon Link to comment Share on other sites More sharing options...
plym77 Posted June 8, 2007 Author Report Share Posted June 8, 2007 Hi Simon Is there any chance you could possibly spare me a copy please? Regards Sherena Link to comment Share on other sites More sharing options...
rakshamc Posted June 12, 2007 Report Share Posted June 12, 2007 Hi simon, Please can I have a copy of this contract? Thanks Link to comment Share on other sites More sharing options...
odecar Posted June 12, 2007 Report Share Posted June 12, 2007 Hi simon, Please can I have a copy of this contract? Thanks Me too please. Link to comment Share on other sites More sharing options...
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