Andy Graham Posted April 10, 2012 Report Share Posted April 10, 2012 Hi if anybody can guide me on the following i would appreciate it, I have a tenant in my property who's tenancy agreement expired end of march,they gave us a months notice of intenetion to leave in febuary. We made contact at the end of march to ask when we can collect the keys, they then informed us they are staying until the 14th of this month. They have witheld rent and paid thirty pound less for three months claiming it to be a banking error. Now at a stage where they will not pay the overdue rent/ arrears which amounts to £1200 including an extra charge per day from the 27/3 to the 14/4. Im ready to go and sit on their sofa and watch the TV until they pay me whats due. What are my rights as a landlord? Link to comment Share on other sites More sharing options...
Guest caravanj Posted April 11, 2012 Report Share Posted April 11, 2012 Hi if anybody can guide me on the following i would appreciate it, I have a tenant in my property who's tenancy agreement expired end of march,they gave us a months notice of intenetion to leave in febuary. We made contact at the end of march to ask when we can collect the keys, they then informed us they are staying until the 14th of this month. They have witheld rent and paid thirty pound less for three months claiming it to be a banking error. Now at a stage where they will not pay the overdue rent/ arrears which amounts to £1200 including an extra charge per day from the 27/3 to the 14/4. Im ready to go and sit on their sofa and watch the TV until they pay me whats due. What are my rights as a landlord? [/quote In two words, very few! Link to comment Share on other sites More sharing options...
Melboy Posted April 11, 2012 Report Share Posted April 11, 2012 What are my rights as a landlord? Not many as a Landlord in 21st Century Britain. Better get them to budge up on that sofa I think. From what you are saying you are going to experience the process of evicting tenants from your property unless you can reason with them to pay up but I wouldn't hold your breath on that one. If they should leave by the 14th April then count your blessings on that on that happening and then start a civil action through the small claims court to obtain the rent money due. Getting them out quickly and quietly should be your main aim and if they do go of their own accord with all their possessions.....change the locks ....quick! Link to comment Share on other sites More sharing options...
snorkerz Posted April 11, 2012 Report Share Posted April 11, 2012 Presuming you have the tenants notice in writing then you can apply to the court NOW to evict them - forms n5 & n119. If you do that you can also (theoretically) charge double rent per day from their original move out day. The eviction process can also result in an order for unpaid rent (inc the double rent if you can convince the judge) but enforcing it is a different matter. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 11, 2012 Report Share Posted April 11, 2012 Don't I remember something about a T being liable for double rent if they stay beyond their given notice period ? Grampa is the one for this methinks. Even if liable getting it is another story. Edit: I'm slow at typing again Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 11, 2012 Report Share Posted April 11, 2012 Fyldeboy my way of looking at this is that if T serves notice we may re let. If the property remains occupied we then have responsibility to the new tenancy and this could be costly. We then seek compensation ?? Would this still apply where we serve a 'legally' correct S21 but the T stays until the Court outs them ? This assumes there are funds to be had from a T of course. Link to comment Share on other sites More sharing options...
snorkerz Posted April 11, 2012 Report Share Posted April 11, 2012 Fyldeboy my way of looking at this is that if T serves notice we may re let. If the property remains occupied we then have responsibility to the new tenancy and this could be costly. We then seek compensation ?? Would this still apply where we serve a 'legally' correct S21 but the T stays until the Court outs them ? This assumes there are funds to be had from a T of course. If T stays beyond notice then the landlord can treat them as a trespasser. They would be evicted with the grounds 'tenancy brought to an end by tenants notice'. Poster would claim full rent (as per a section 8) but for the period after the notice date the landlord would claim double rent under the Distress for Rent Act (1727). I have not found a recent case of this being successful - but there is no reason why it shouldn't. I guess it's 50/50 depending on the judge. The double rent is awarded in lieu of damages. They would not be evicted under section 21, as it is no longer an AST covered by the 1988 Housing Act. It is also worth pointing out that one does NOT accept rent in relation to the period after the notice ends. Fine to accept money, but it is mesne profits, not rent, and it is charged per day. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 11, 2012 Report Share Posted April 11, 2012 "Would this still apply where we serve a 'legally' correct S21 but the T stays until the Court outs them ? <br style="color: rgb(28, 40, 55); line-height: 19px; background-color: rgb(243, 249, 246); ">This assumes there are funds to be had from a T of course."<br style="color: rgb(28, 40, 55); line-height: 19px; background-color: rgb(243, 249, 246); "> My thoughts on this were regarding a different situation not related to the OP's. A common situation to LL's is to serve the S21 but the T stays till the Bailiff arrives. If a S21 is valid we have reason to believe that the property will be returned as required by the S21. It follows that we should have reason to believe the property will then be available for re-let. A foolish LL might well sign up a new T from the required date (in fact only foolish as we are all too aware of T abuse being the norm). Would the T's who have chosen to remain following correct notice to return possession now liable for "Distress for Rent". I'm pretty sure I know the (non technical) answer but really don't see that there is a difference. There is a notice date set. In both cases it is the T that chooses to stay beyond that date. Neither case has had Court involvement. It is interesting of course that there is little chance of success, even where the situation looks clear cut. Link to comment Share on other sites More sharing options...
LLAW96 Posted April 12, 2012 Report Share Posted April 12, 2012 If you are going to issue a trespass claim, the form is n120 not n119 this very important as they are two different procedures. The time for the hearing in the trespass claim is abridge to 5 days rather than the usual 28 days in a conventional claim for possession. Link to comment Share on other sites More sharing options...
LLAW96 Posted April 12, 2012 Report Share Posted April 12, 2012 Pardon me that should have read form n121, typing is not my greatest skill. Link to comment Share on other sites More sharing options...
snorkerz Posted April 12, 2012 Report Share Posted April 12, 2012 Pardon me that should have read form n121, typing is not my greatest skill. Thank you for both posts #9 and #10 LAW - very informative. Out of interest, would this also be the process for squatters who are not covered by the new 'faster process' - eg long termers or where there is no intending occupier? Link to comment Share on other sites More sharing options...
LLAW96 Posted April 13, 2012 Report Share Posted April 13, 2012 I have used the process in a number of situations including; 1. Where there have been long term tenants 2. Lodgers in occupation 3. Long term occupants in dispute following the death of the owner occupier where the claim relates to none residential property the minimum return date can be as little as 2 days. Aside from this there is always the option to apply to shorten the initial return date in any claim for possession under cpr 3.1.2.a particularly consideration is given where; the defendant or person the defendant is responsible for has assaulted/ threatened to assault the claimant; there are reasonable grounds for fearing an assault there has been serious damage to the property or threat of serious damage See practice direction 55.5 3.2 Ask yourself how many times do you have a situation where a tenant is abusive/makes threats or damages a property. The rules are there to protect a landlord if you know where to look. Link to comment Share on other sites More sharing options...
Andy Graham Posted April 13, 2012 Author Report Share Posted April 13, 2012 Thanks for all your offerings, This is where i am at. The T will only communicate via text, I text on the 10th of april to ask if the leaving date is still the 14th and that I will post a statement of monies owed through the door that evening, to which i recieved a text saying "I will be in on frdiday afternoon for you to collect the keys" Friday being today I text "are you still on track for vacating the premises today, if so just let me know when i can collect the keys?" The T then text to say "firstly its the 14th tomorrow, right text my phone again and i will press charges against you we have we have nothing to say we are moving out and this is harrassment!" I believe you might understand the type of person we are dealing with! If the T is still in after tomorrow can I throw them out and change the locks? I am having to keep my cool but I am feeling like I might snap at any moment! lol regards Andy Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 13, 2012 Report Share Posted April 13, 2012 Don't worry about the harassment, the T is silly. Kick em out and change the locks and you would be more silly. Without a Bailiff they go when they want to. Link to comment Share on other sites More sharing options...
fit4life Posted September 5, 2012 Report Share Posted September 5, 2012 Don't worry about the harassment, the T is silly. Kick em out and change the locks and you would be more silly. Without a Bailiff they go when they want to. hi Cor, pls tell me the quickest way to get rid of a tenant who wont allow me to do the work they are claiming needs doing before they resume paying their rent again, bear in mind the tenancy runs out in 10 days the section 21 has gone missing so adviced to issue a new 1 in the am. will do so by hand. is this wise? I think i'm being played. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted September 5, 2012 Report Share Posted September 5, 2012 I'm guessing the question relates to the T's of your other thread. Keeping the story in one thread will reduce confusion. You still haven't answered LAW's question regarding what type of order the inspector has served. He can't give a definitive legal view without, even if his advice is bad news you will be better informed. From that it's likely others will have a view. I think I have but it's premature to give it without more information. Edit: Sorry didn't see the your response on the other thread. Link to comment Share on other sites More sharing options...
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