difficult tennant

[lawsanass]

My friend rents an annex out for a minimal charge to an lady of about 50 yrs, she has only done this for 6 weeks. The woman has turned out to be a compulsive liar, saying her mother had died and the funeral was awful etc etc, only for my friend to find out her mother is fine and dandy !. The problem is the ladys deposit cheque bounced, she paid her �100 short for the first month saying she would catch up (lots of excuses) and now the second months rent is 2 weeks late. My friend has asked her to move out by Sunday so she can advertise again but the woman is saying she has to have 2 weeks notice by law and will contact the police to protect her. There was no contract or tenancy agreement and she has only paid cash (apart from the bounced deposit cheque) Can my friend march in there and physically throw her out with her belongings. Its quite obvious she has no intention of paying, she also owes a �120 electric bill. My friend can not afford for her to stay in there and not pay, she needs the income from a new tenant.please help

[Carriemunky]

If there was no contract or tenancy agreement, she should be able to throw her out. Might be best to contact the police just to check

[Velvetee]

I think your friends needs to give this tenant written notice to vacate the property. Also she should be prepared to start legal proceedings to obtain an eviction order.

From what you say, this tenant sounds like trouble. This woman can now remain in the property for as long as she wants, eviction orders can take months to come through. Your friend cannot march in and remove the tenant or her belongings, if she does this, then she would be breaking the law.

As a landlord myself, I like to use an agency to find me the tenant, therefore, credit checks can be obtained and references. They take 10% plus VAT for this service, but it can help prevent situations like your friend is experiencing.

Also regarding deposits, since April 2007, tenants deposits must be placed in a Tenancy Deposit Scheme. The idea is that disputes over deposits can be resolved fairly, preventing landlords from just pocketing their tenants deposits. You are no longer allowed to hold the tenant's deposit.

[lawsanass]

thankyou for taking the time to reply. would it be possible for my friend to engage baliffs at the beginning, on a private hire arrangement or does it have to be done through a court? The lady would not be able to prove that she has paid any money so is there not a quick way to get her out on the basis that no money has been paid. My friend would be able to rally up friends to help her move her and her belongings out if necessary, or would that be very illegal?

[lawsanass]

Also, all the electrical supply is in the main house so all the electric to the annex can be switched off immediately. Could this be something to consider doing? The electric is billed seperately but is in my friends name still as the key meter is not being fitted until the 10th April

[lawsanass]

I also forgot to mention, the property is fully furnished by my friend, the only belongings of the tenant are pots, pans, clothes etc, no furniture or white goods

[bednobs]

blimey, how did she get an electricity bill of 120 quid for 6 weeks for one person in an annexe????If she has no contract or agreement then surely the tennant could just say bills were included

[lawsanass]

The annex has 3 bedrooms, study and conservatory along with normal rooms, its very big. The whole building is heated by electric as there is no gas so in the winter months this equates to approx �20 per week, in summer its only about �12 per week so spread yearly its not bad, shes now leaving my friend threatening letters ! What a mess

[Twenty20]

I assume this is a self contained annexe? The tenant has her own front door and doesnt share any facilities? If this is the case then it will take some time to evict as has already been said. The tenant would need to be 2 months in arrears with the rent before you could issue an s8 notice to quit. You can issue an s21 notice now but this will only be effective at the end of the fixed period (without a written agreement this would be 6 months). If the tenant does share any facilities etc then they could be considered a lodger. The law is very different with lodgers and you can evict almost whenever you wish.

There are many lessons to be learnt from this. Dont let anyone move in until the deposit money is cleared in your bank account. The same goes for at least a months rent in advance. Get an AST agreement drawn up and signed. Protect the deposit in a scheme - you can be fined 3x the value of the deposit if you dont. Do credit checks on the prospective tenant - anyone can do these, they only cost about �30. Do an inventory, get it signed.

Could be a very expensive mistake. Your friend needs to do the termination and eviction properly otherwise it wlil be her who is appearing in Court.