ChatterBank0 min ago
How can I get rid of tenant
I am asking this for my widow friend who is at her wits end.
She rents out a house and one of the tenants owes her £800 in rent and mounting.
Apparently everytime she confronts him, he throws the law back in her face.
The main problem is that she has no contract/agreement with him.
She is thinking of getting a group of male friends and throwing him out with his belongings.
If she took this action, what are the repercussions???
Is there a better way as she really doesn't want the hassle of going to court.
She rents out a house and one of the tenants owes her £800 in rent and mounting.
Apparently everytime she confronts him, he throws the law back in her face.
The main problem is that she has no contract/agreement with him.
She is thinking of getting a group of male friends and throwing him out with his belongings.
If she took this action, what are the repercussions???
Is there a better way as she really doesn't want the hassle of going to court.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.She needs proper advice from someone who knows all the circumstances as it makes a difference and no-one can advise fully unless they are properly informed. As Twenty says, some of the advice on here is plain wrong.
Seriously, she is paying the price now for not doing things properly in the first place, by continuing to do things outside of the correct legal procedure she may end up a lot worse off than she is now.
It might take longer than she wants to get it sorted but the possible repercussions if she doesn't do things properly could cause problems for longer still.
I'm not denying her intended course of action might work in this instance, however, with a tenant who seems very up on their legal rights (correctly or not, I can't say) she could be playing with fire and end up with an unlawful eviction case on her hands and potential further problems if she is effectively harassing the tenants generally eg turning the heating off.
It also doesn't put her in a great position for trying get her tenants to abide by the law if she is only too willing to take matters into her own hands. It is a criminal offence to evict tenants other than by court action.
At £120pw (£480 per month) he is effectively just over 6 weeks in arrears so just over a month - not significant in the general scheme of things (especially if she has been witholding things like heat!).
For example, if certain criteria fit, in the rent arrears ground (s.8 notice) I believe that 2 months/8 weeks arrears are needed at the expiry of a properly served s.8 notice (2 weeks) to go for a possession order so a clever tenant could pay just what is needed without clearing the arrears. Issues like disrepair can also come into play here. She needs proper advice to deal with various scenarios.
I'm guessing from the way she has done things that she has little idea as to the legislation and local authority p
Seriously, she is paying the price now for not doing things properly in the first place, by continuing to do things outside of the correct legal procedure she may end up a lot worse off than she is now.
It might take longer than she wants to get it sorted but the possible repercussions if she doesn't do things properly could cause problems for longer still.
I'm not denying her intended course of action might work in this instance, however, with a tenant who seems very up on their legal rights (correctly or not, I can't say) she could be playing with fire and end up with an unlawful eviction case on her hands and potential further problems if she is effectively harassing the tenants generally eg turning the heating off.
It also doesn't put her in a great position for trying get her tenants to abide by the law if she is only too willing to take matters into her own hands. It is a criminal offence to evict tenants other than by court action.
At £120pw (£480 per month) he is effectively just over 6 weeks in arrears so just over a month - not significant in the general scheme of things (especially if she has been witholding things like heat!).
For example, if certain criteria fit, in the rent arrears ground (s.8 notice) I believe that 2 months/8 weeks arrears are needed at the expiry of a properly served s.8 notice (2 weeks) to go for a possession order so a clever tenant could pay just what is needed without clearing the arrears. Issues like disrepair can also come into play here. She needs proper advice to deal with various scenarios.
I'm guessing from the way she has done things that she has little idea as to the legislation and local authority p
policy on letting properties and, as a result, it is highly likely that there are other things she has/has not done which could also land her in trouble (a lot more than some rent arrears) and a vengeful tenant who knows more about the law than she does is probably a recipe for disaster if they decide to wreak havoc (eg paypack for changing the locks) and report her/take further action.
Many people thing letting is an easy way to make some extra cash or finance an additional property but it can be a minefield and needs to be done properly.
Many people thing letting is an easy way to make some extra cash or finance an additional property but it can be a minefield and needs to be done properly.
Again I have heeded your replies and forwarded them on to my friend.
I can understand my friend's recluctant in going to the solicitors as she is elderly and of old school. She sort of feels responsible. All what you have said I have said the same thing.
Mr Funny has even offered to go round with friends and bash the living daylights out of him, I know, I know!!!
But we are not gonna take that path.
But by hook or by crook, she will get to that solicitors as there is only so much on this subject I can take!
I can understand my friend's recluctant in going to the solicitors as she is elderly and of old school. She sort of feels responsible. All what you have said I have said the same thing.
Mr Funny has even offered to go round with friends and bash the living daylights out of him, I know, I know!!!
But we are not gonna take that path.
But by hook or by crook, she will get to that solicitors as there is only so much on this subject I can take!
Shame though but she will need to follow the procedure
The tenant has the right to stay even if he dont have any money to pay rent. It is against the law to use acts which are likely to interfere with my his comfort and peace. Under the section 21 of the housing act 1988 you need to follow the correct procedure and it is a criminal offence under protection from Eviction Act 1977 for the landlord or any person to harass or evict him.
Unfortunately landlady need to seek legal advice as the only way to put him out is court order. It is also illegal to harass the other tenants because of him.
The tenant has the right to stay even if he dont have any money to pay rent. It is against the law to use acts which are likely to interfere with my his comfort and peace. Under the section 21 of the housing act 1988 you need to follow the correct procedure and it is a criminal offence under protection from Eviction Act 1977 for the landlord or any person to harass or evict him.
Unfortunately landlady need to seek legal advice as the only way to put him out is court order. It is also illegal to harass the other tenants because of him.