Evicting Tenant & knowing if they are still in the property or not!

[orchid22]

Hi

I am a LL and have been utterly fed up with one of my tenants constantly paying the rent late and erratically. She also keeps the state of the property in a disgusting state but was not concerned about how she wanted to live if the rent was paid ontime!

She was on a AST until May 08. I wrote to her to confirm I was not happy to offer another 6 months AST due to late rent payments etc. I confirmed that we would continue on a rolling monthly tenancy. Now I want her out and served her a section 21 notice a few weeks ago giving her 2 months notice.

I was expecting to hear from her but have heard nothing and rent was also due a few days ago and nothing yet has appeared in my account. I did half expect this to happen but am not sure where to go with this now.

- Do I write to her confirming rent is late?

- Can I go round to the property and check if she is even still there seeing as I have heard nothing?

I am just concerned as she seems to now be ignoring me and I don't know what the next step is and don't want to give her the excuse that I am harrassing her.

Any help/advice would be very much appreciated as I want to get this property back and re-let at minimal cost so need to be organised and do things in the right manner.

Many Thanks in advance

[Preston]

Hi

I am a LL and have been utterly fed up with one of my tenants constantly paying the rent late and erratically. She also keeps the state of the property in a disgusting state but was not concerned about how she wanted to live if the rent was paid ontime!

She was on a AST until May 08. I wrote to her to confirm I was not happy to offer another 6 months AST due to late rent payments etc. I confirmed that we would continue on a rolling monthly tenancy. Now I want her out and served her a section 21 notice a few weeks ago giving her 2 months notice.

I was expecting to hear from her but have heard nothing and rent was also due a few days ago and nothing yet has appeared in my account. I did half expect this to happen but am not sure where to go with this now.

- Do I write to her confirming rent is late?

- Can I go round to the property and check if she is even still there seeing as I have heard nothing?

I am just concerned as she seems to now be ignoring me and I don't know what the next step is and don't want to give her the excuse that I am harrassing her.

Any help/advice would be very much appreciated as I want to get this property back and re-let at minimal cost so need to be organised and do things in the right manner.

Many Thanks in advance

[Preston]

Hi

There is certainly no problem with you writing to her or visiting (although of course, not entering without her permission) to see if she is still in occupation. If it looks as if she is no longer in occupation, you have two choices:

1. if she has clearly surrendered the tenancy (i.e. moved out and shown a clear intention to give up possession) you can enter into possession yourself
   
2. if its not absolutely clear, you could issue her with a notice to quit (which you can serve on her last known address - i.e. the home she rents with you - if she hasnt given you any alternative) and enter into possession once the notice has expired if you havent heard from her, or apply for a possession order as soon as the notice to quit or your section 21 notice expires, whichever is the sooner.
   

Entering into possession without a court order always carries an element of risk; if she turns up and says she was still living there, she could conceivably take action. But if you have good evidence that she has moved out - and non payment of rent together with other physical evidence (such as looking through the windows and seeing that furniture has gone) is usually seen as very good evidence of this - then you may have a stronger case than you think. The key always is to be measured and reasonable.

Disappearing tenants are often seen as the most difficult area of managing properties. But courts will generally be sympathetic to a landlord who when faced with an uncommunicative tenant and an apparently abandoned property draws a conclusion on the basis of reasonable evidence.

I'd be interested to know how you get on and good luck.

[Melboy]

Like I keep saying everything is stacked against the Landlord and everything favours the Tenant............

http://www.dailymail.co.uk/news/article-10...lat-arrest.html

The above article highlights why Landlords must seek good advice if they are not sure of how they are going to proceed with difficult and problem Tenants.