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Advice needed regarding my tenant

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themalster | 11:52 Wed 31st Oct 2012 | Home & Garden
7 Answers
Hi guys,

I rented my house to a DSS tenant back in May (lovely lady with 2 kids). I activated Section 21 of the contract advising her that i'd be moving back on the 3rd Nov (exactly 6 months) back in July (giving her more than the required 3 months notice).

I've been told by the letting agent that she has nowhere to go. The council can't rehouse her and they pretty much advise her to stay there.

While i understand i'll still receive payment from her, i assumed that 4 months notice would be plenty of time and so i organised some building/redecorating work to begin on the 5th Nov. I also have a new bed and sofa coming the same day. I just didn't envisage any problems.

Obviously, i will incur costs if I am not able to get the work started or receive the sofa etc.

Who would I be able to claim reimbursement from for these expenses not caused by me at all??

Any advice is truly appreciated
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Well the only place to claim is the tennant but as she is no doubt potless not much you can do except start eviction proceeding asap. The problem is that she is getting the rent paid so it will take time to get her out legally and kids make it much more difficult.
If I were you I'd post this in the law section arount tea time tonight then you'll get a lot more responses and advice. Hope you find the advice you're looking for (sorry, I know nothing about this/law)

Best wishes

Mitchell
Increase the rent over DSS rates.
If you evict her and she signs the papers to agree, the council will rehouse her- which is probably what she wants considering she has two kids and need stability. Do you have the paperwork? If not, go into any estate agent which deals with rentals and ask them for advise. They can give you the paperwork they use, and you can probably get your own version online. Talk to the council too. If she has kids, she will become a priority and they should find her a council house or flat. I had some truly horrible DSS tenants and they only moved into my house so they could wreck it (allowing condensation to form in every room until it was black), take photos, and then appeal to the council. The council told them to jolly well wash it off, and that they could only get a council house if they were evicted. So they stopped paying their rent for 2 months (after 1 month and 1 day I sent the forms in) and they were given a council house. Horrid I know, but there you go. I still haven't had the rent they owe. So maybe talk to your tenant and ask if she wants a council house!
P.S I do recommend that if you rent in future, go through an estate agent. They will know all this legal stuff. For the 10% I pay them each month, it is totally worth the piece of mind.
If you have issued the Section 21 notice correcty and she wont budge then the only other option is court proceedings to get her evicted. Your letting agent should have advised you this as this is basic landlord and tenant law.
You should contact your solicitor immediately to get him to send her a letter and advise on the court procedure.

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