Evicting tenants
Discussion
I've been having some problems with my tenant, mainly, but not solely, related to the fact that he seems to think he has some kind of divine exemption from paying his rent. As a result I have given him 2 months notice of eviction to coincide with the end of his 6 months tenancy at the beginning of June.
In order to be prepared for the worst (which is what I've come to expect from this individual
), I was wondering what the situation would be if he refused to leave on his eviction date. What would be the best way of forcing him out (legally, preferably 
)? How long would it take?
The house is 200 miles away from me, and I've taken 2 weeks off work to do some refurbishment to the house before selling it, so I can't afford to waste time playing silly buggers with the bloke!
In order to be prepared for the worst (which is what I've come to expect from this individual
), I was wondering what the situation would be if he refused to leave on his eviction date. What would be the best way of forcing him out (legally, preferably )? How long would it take? The house is 200 miles away from me, and I've taken 2 weeks off work to do some refurbishment to the house before selling it, so I can't afford to waste time playing silly buggers with the bloke!
I'd seek legal advice. You don't want to do something that gives your tenants legal recourse to you. Like, say, throwing his stuff onto the lawn and changing the locks.
If you have a proper Tenancy agreement and the tenant fails to vacate then there are probably set procedures to follow to make them vacate. Find out what they are and follow them.
Edit: Try this for a start.
>> Edited by JonRB on Wednesday 4th May 10:44
If you have a proper Tenancy agreement and the tenant fails to vacate then there are probably set procedures to follow to make them vacate. Find out what they are and follow them.
Edit: Try this for a start.
>> Edited by JonRB on Wednesday 4th May 10:44
First thing is that your tenant obviously has a covenant to pay his rent to you. So once this has been breached you have a few options.
there are a few things you can do to get your rent money, firstly you can use your right of 'distress' to enter the property and seize goods to the value of the rent (and no, before anyone says this doesnt conflict with rights afforded by the HRA 1998).
You can take legal action for arrears of rent owed to you (but there is a limitation period to this 6 years).
If the lease you drew up for him contains a right of re-entry (which I would imagine it would), you can resort to the remedy of forfeiture, where by you forefeit the lease you making "peaceable" reentry, but if the property in question is purely residential, you should bring possession proceedings against the chap (s2 protection from eviction act).
You also have to ensure you comply with the proper procedure outlined in the common law procedure act 1852, and s 146 of the law of property act 1925. (do I google for these as I dont have the time to look up the statute and type it out)...
but if I was you, id speak to your solicitor and see, given all the circumstances, what he thinks is the best course of action, becuase if there are some circumstances you havnt disclosed here, the courts have in the past been willing to grant discretionary relief (sounds disgusting i know) to the tenant, even after the land lord has re-entered the premises as he was legally allowed to.
Hope this helps
Cheers folks! I can't tell you how tempting b17nns suggestion is, and I know a few suitable candidates who would be more than happy to help carry out an enforced evicition, but perhaps the 'legal and above board' approach would be more pragmatic...
I'll check out the exact terms of the tenency and do some research into some of the leads that princeperch and JonRB have kindly flagged.
To be honest, I'm more converned about getting him out on time rather than getting money out of him. Although he didn't pay any rent for almost 4 months after moving in, myself, my brother and my Dad paid him a 'friendly' visit at Easter time, and suggested he might want to pay his arrears sooner rather than later. The following day, he walked into the Estate Agent and paid in full in cash. Last months rent was paid with no further intervention from me, albeit 2 weeks late. His final rent payment is currently overdue, but if, as I expect, he doesn't pay it, I'll simply retain his bond to cover it.
I'll check out the exact terms of the tenency and do some research into some of the leads that princeperch and JonRB have kindly flagged.
To be honest, I'm more converned about getting him out on time rather than getting money out of him. Although he didn't pay any rent for almost 4 months after moving in, myself, my brother and my Dad paid him a 'friendly' visit at Easter time, and suggested he might want to pay his arrears sooner rather than later. The following day, he walked into the Estate Agent and paid in full in cash. Last months rent was paid with no further intervention from me, albeit 2 weeks late. His final rent payment is currently overdue, but if, as I expect, he doesn't pay it, I'll simply retain his bond to cover it.
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff