Redrift Posted February 12, 2013 Report Share Posted February 12, 2013 Hi everyone, I'm looking for a bit of info on tenant eviction The story is as follows: Myself and my wife moved to Scotland so decided to rent our London flat for 12 months. We went though a agent with a good name and they soon came back with a possible 3 tenants. One man in his sixty's seemed perfect. 6 months rent up front, single and a director off his own accounting company. Perfect tenant eh!!! WRONG!!!!!! The tenant is now 3 months in arrears, the agent can't get a hold off him even though the is still there and the tenancy is up in 1 month and i need to sell the flat as I'm paying for another home in Scotland and paying for the mortgage on the London flat. Section 8 and section 21 have been sent and i have a court date in April, but the tenancy ends in February. My questions are: When i apply for an accelerated repossession order, how long should it take? Can i let myself in and change the locks when tenancy ends? If there's anything you think i should be doing or any advice you could give would my most welcome. I risk losing my London home if i can't get tenant out soon !!! Thanks in advance Redrift Link to comment Share on other sites More sharing options...
Grampa Posted February 12, 2013 Report Share Posted February 12, 2013 Is there a guarantor in place.? Too many agents and landlords seem to think that as 6 months can be paid up front it is ok but they dont think in advance and ask the question "how is the rent going to paid after 6 months" .With this situation it is a big must to have a guarantor, insurance and or a larger deposit. Has the agent checked if the tenant has already left the property? The tenant may now be getting housing benefit and if so you can get it redirected to you if you write to the local council and explain that the tenant is in arrears by 2 months and under reg 95 you now request all further benefits to be paid directly to you. Just write the letter and if they are not on benefit the council will let you know. After sending in the application to the court for a possession order you should get a court hearing about 6 weeks later and a possession hearing 14 days after that. Link to comment Share on other sites More sharing options...
Redrift Posted February 12, 2013 Author Report Share Posted February 12, 2013 There was insurance taken out and I'm waiting for pay out but it will only be for 3/4 off second months rent arrears, they say i will not receive anything for first months arrears. As for month three I'm told I'll get remainder from what is left from deposit after repairs if any, deposit was one and half months rent. He should be out this month (21st), so as i see it he will be living in my flat for free till the courts can get him out. Can i not go round there after the end of the tenancy is up and see why he won't leave? or to see even if he still lives there? The agent will not go round only call,(which is a waste of time)due to them saying the tenant can claim harassment. As for housing benefit i don't know, the insurance company went round and got a hold off him . He said he was made redundant and waiting for redundant money but that was 11/2 month ago and he still won't answer phone. Link to comment Share on other sites More sharing options...
Mortitia Posted February 12, 2013 Report Share Posted February 12, 2013 Where is the deposit? No protected deposit means the Section 21 will not be valid. As soon as fixed term is up you can apply to the court for repossession = read up on Section 21 and no you cannot just change the locks or you will be in bigger trouble. Try paying tenant to leave. Never let to self employed directors, Popes or any other self employed variants. Try letting to employed with good company young professional couple, no kids- 2 incomes = rent more likely to be paid. Try to get landlord reference for tenants and reference and check thoroughly YOURSELF. Agents will try and sell you anyone these days. Never rent out if you cannot survive 3 months without rent. Mortitia Link to comment Share on other sites More sharing options...
Redrift Posted February 12, 2013 Author Report Share Posted February 12, 2013 The deposit is protected,thanks for info though. I can survive without 3 months rent and its now end month three, got enough for two more months but that will be 5 months then and was hoping to sell at the end of the tenancy. Is just so damn frustrating that i can't get that free loading B*****d out of my flat sooner. It means i will have lost £6000 by the time the courts get him out in April. Link to comment Share on other sites More sharing options...
Grampa Posted February 13, 2013 Report Share Posted February 13, 2013 As for housing benefit i don't know, the insurance company went round and got a hold off him . He said he was made redundant and waiting for redundant money but that was 11/2 month ago and he still won't answer phone. Link to comment Share on other sites More sharing options...
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