jay123 Posted January 12, 2010 Report Share Posted January 12, 2010 Here it goes, Basicaly I have a tenant living in one of my properties who has been living there since 1993. The council has been paying his rent from day one. We did not have a contract in place when he moved in, I know what your all thinking, and yes it was stupid on my part. The rent is paid directly to me every month so that is not the problem. The problem is the tenant who in the last 5 years has been a pain by ringing me at least every other day at ridiculous hours with silly problems. I want him out of the house now. What is the best thing I can do to get him out? Any help would be much appreciated. Thankyou. Link to comment Share on other sites More sharing options...
Mortitia Posted January 13, 2010 Report Share Posted January 13, 2010 Hi Jay, How does the council pay his rent - monthly or weekly or other? Since this arrangement has been going on for such a long time indicates a tenancy of some sort is in place. You might be best approaching the council first as they will have to re-home the tenant saying you need the flat/house back for your own needs. Then go down the route of 8 weeks notice to the tenant and the council. I'm sure your will have to evict at the end of the day but you have to start somewhere. See what other ideas come up. Mortitia Link to comment Share on other sites More sharing options...
jay123 Posted January 13, 2010 Author Report Share Posted January 13, 2010 Hi Jay, How does the council pay his rent - monthly or weekly or other? Since this arrangement has been going on for such a long time indicates a tenancy of some sort is in place. You might be best approaching the council first as they will have to re-home the tenant saying you need the flat/house back for your own needs. Then go down the route of 8 weeks notice to the tenant and the council. I'm sure your will have to evict at the end of the day but you have to start somewhere. See what other ideas come up. Mortitia The council send a cheque every month to my address. I have been told by a couple of companies that deal with evicting problem tenants, that basicaly the only way to remove the tenant is if the tenant stops paying the rent (but in my case the council pay me directly), and the other way is if the tenant is a nuisance to neighbours and is destroying the property, which he is not, and I have been told because she moved into the property before 1997 that it is going to be extremely hard to remove him. Now I am ripping out my hair trying to find out a way to remove him. Please help..... Link to comment Share on other sites More sharing options...
Melboy Posted January 13, 2010 Report Share Posted January 13, 2010 Firstly, write a letter to the tenant and inform that you not want any contact out of normal office hours and the unreasonable minor problems requests has to stop. Is it a she or he ? .... you mention both. Mel. Link to comment Share on other sites More sharing options...
jay123 Posted January 13, 2010 Author Report Share Posted January 13, 2010 Firstly, write a letter to the tenant and inform that you not want any contact out of normal office hours and the unreasonable minor problems requests has to stop. Is it a she or he ? .... you mention both. Mel. It's a gentlemen and his girlfriend. The strees levels are keeping me up at night, and it is getting to breaking point for me. Thankyou for replying by the way. Cheers. Link to comment Share on other sites More sharing options...
Mortitia Posted January 13, 2010 Report Share Posted January 13, 2010 The bailiff companies are talking about usual eviction for those reasons but you are quite entitled to ask him to leave because you want to be in your property yourself - dont' you!! It may be or may not hard to remove him but it can be done. Don't be put off. Write to the council like I said previously and mention that he is making your life a misery with these late night calls. Say you want your property vacant and give him 2 months notice in writing. Make it from the next rent due date. Deliver it yourself. If you really are that stressed out about it think about instructing a solicitor on a fixed price basis for gaining vacant posession of your property. I agree with telling him - in writing not to call you out of business hours. Try unplugging the phone or taking it off the hook. Let us know how you get on. Mortitia Link to comment Share on other sites More sharing options...
sjcollett Posted January 13, 2010 Report Share Posted January 13, 2010 I agree with Mortitia you really need to write a stern letter to the tenant and tell them that you are only able to take calls between set times of the day. I would also think about getting an agent involved to maybe manage this for you. Paying 10% per month for them to handle the calls is not so much to ask if they have been there for so long and you get your money on time. I am also wondering what they are calling to report all the time? does the property need repairs which are not being done? (that is a question not an accusation) The bailiff companies are talking about usual eviction for those reasons but you are quite entitled to ask him to leave because you want to be in your property yourself - dont' you!! It may be or may not hard to remove him but it can be done. Don't be put off. Write to the council like I said previously and mention that he is making your life a misery with these late night calls. Say you want your property vacant and give him 2 months notice in writing. Make it from the next rent due date. Deliver it yourself. If you really are that stressed out about it think about instructing a solicitor on a fixed price basis for gaining vacant posession of your property. I agree with telling him - in writing not to call you out of business hours. Try unplugging the phone or taking it off the hook. Let us know how you get on. Mortitia Link to comment Share on other sites More sharing options...
snorkerz Posted January 15, 2010 Report Share Posted January 15, 2010 You almost certainly have an oral "Statutory Periodic Tenancy" covered by the 1988 Housing Act (as amended). If you research the "Section 21" process then you can remove your tenant. Essentially, the process is: As Mortitia says, send him a letter requesting possession of the property. It has to be a specific wording and is known as a "section 21 notice". The timescales for notice are here http://www.statutelaw.gov.uk/content.aspx?...;filesize=13966 and leaving day must be the last day of a rent-month (usually the day before rent day). If he doesn't go, you will need to apply to the court for possession - cost £150 - takes about 4 weeks. Providing the paperwork is in order there will be no hearing and the court will give tenant 14 days to leave. Assuming tenant doesn't leave, you will need to appoint court bailiffs who will physically eject him. Bailiffs costs vary - but say £100 and you will have to wait for a free 'slot', plan on another months wait. Link to comment Share on other sites More sharing options...
jay123 Posted January 16, 2010 Author Report Share Posted January 16, 2010 You almost certainly have an oral "Statutory Periodic Tenancy" covered by the 1988 Housing Act (as amended). If you research the "Section 21" process then you can remove your tenant. Essentially, the process is: As Mortitia says, send him a letter requesting possession of the property. It has to be a specific wording and is known as a "section 21 notice". The timescales for notice are here http://www.statutelaw.gov.uk/content.aspx?...;filesize=13966 and leaving day must be the last day of a rent-month (usually the day before rent day). If he doesn't go, you will need to apply to the court for possession - cost £150 - takes about 4 weeks. Providing the paperwork is in order there will be no hearing and the court will give tenant 14 days to leave. Assuming tenant doesn't leave, you will need to appoint court bailiffs who will physically eject him. Bailiffs costs vary - but say £100 and you will have to wait for a free 'slot', plan on another months wait. Thanks for all the advice everyone. I went to the property today because the tenant complained that the damp issue in a downstairs bathroom has come back again (we had the the whole property damp proofed last year and has a 30 year guarantee). When I got to the property the bathroom window had been sealed up by the tenant, which when I spoke to the company that does the damp proofing has said that is the issue why the bathroom wall paint is flaking, and the company is willing to write me an official letter to say this is the case. The reason why I am telling you all this is that I know the tenants will not leave after the 2 months notice I serve them and I will have to go to court to remove the tenants. Is the above damage to the property caused by the tenant grounds enough for the courts to allow eviction of the tenants? Link to comment Share on other sites More sharing options...
Trenners Posted January 17, 2010 Report Share Posted January 17, 2010 Thanks for all the advice everyone. I went to the property today because the tenant complained that the damp issue in a downstairs bathroom has come back again (we had the the whole property damp proofed last year and has a 30 year guarantee). When I got to the property the bathroom window had been sealed up by the tenant, which when I spoke to the company that does the damp proofing has said that is the issue why the bathroom wall paint is flaking, and the company is willing to write me an official letter to say this is the case. The reason why I am telling you all this is that I know the tenants will not leave after the 2 months notice I serve them and I will have to go to court to remove the tenants. Is the above damage to the property caused by the tenant grounds enough for the courts to allow eviction of the tenants? Hi, As long as you have given your tenant 2 months notice and the paperwork is in order then you apply to the court for a possession order using the "accelerated possession procedure". No reasons for a possession order need to be given and, within 28 days and without a hearing, you will receive an eviction order. Every landlord is entitled to have their property returned to them as long as the correct legal processes are followed. Good luck Mark Link to comment Share on other sites More sharing options...
Buffer bear Posted January 23, 2010 Report Share Posted January 23, 2010 OP says "Basically I have a tenant living in one of my properties who has been living there since 1993." My understanding is that you can not simply evict an assured tenant unless: http://www.opsi.gov.uk/acts/acts1988/ukpga...0050_en_14#sch2 Link to comment Share on other sites More sharing options...
pallavi Posted February 11, 2010 Report Share Posted February 11, 2010 Hey guys even i need a suggestion on this. Link to comment Share on other sites More sharing options...
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