How to evict a tenant

[pinklady 10]

You've got to follow the correct procedures - or you can get prosecuted for illegal eviction (which is a criminal offence)

 

The tenency states that late or non payment of rent will lead to immediate eviction - if they have signed a tenency agreement - they wont have a leg to stand on.

A lot of private landlords have morgages on rented property - its so unfair when tenants feel they do not need to pay on time, Im sure a morgage company wouldnt stand for it.

[jake 10]

The tenency states that late or non payment of rent will lead to immediate eviction - if they have signed a tenency agreement - they wont have a leg to stand on.

A lot of private landlords have morgages on rented property - its so unfair when tenants feel they do not need to pay on time, Im sure a morgage company wouldnt stand for it.

 

There's laws to follow and you cannot just evict a tenant without following the correct procedures and going through the courts...

[sccsux 10]

Isn't DSS always paid on time

 

I think it's usually paid every 6 weeks.

[LadyInRed 10]

rent benefits are paid every two weeks.. and on time all the time unless a change of circumstances, you can ask for it to be direct and they supply a submissoon form so the landlord can speak about the client to the benefits people - specifit about rent

 

you could ask them to set up a direct debit which normally most landlords stipulise (spelling)

 

write to them and cc in your solicitor - send them a copy of the t/agreement and ask them to pay on a 30 day term or to provide proof the benefit is late?

 

CAB should be able to help you on the matter also help them too if they are struggling to pay they can apply for a crisis loan which covers rent

[retired 10]

HB is paid every 4 weeks. You can get the tenants to ask for the rent to be paid directly. It used to be that the tenant had to be 2 months in arrears but now you can get the rent paid direct but the tenant has to give permission for this and they can do that when they fill the application form in. They can also tick a box saying they give permission for the HB agency to talk to the landlord. What contract have you given them? 6 or 12 months. If it's 6 then issue a section 21 now stating you want possession at the end of the 6 month contract. However, you can always say that if they get the arrears paid up by 4 months in and have the HB paid direct you will consider renewing.

 

Had all this before and now will only consider HB with a guarantor and rent insurance. To be fair HB claimants should be a sure thing and more secure than working tenants, it's the usual thing. the minority spoiling it for the majority.

[shabba 10]

thats so true... its a 12 month contract, they seemed nice at first but are now playing up big time!!

hopefully get them to sort it and get the HB directly paid to me..

[kaymarie 10]

Surely if you take on the responsibility of being a landlord and you should be fully aware of the procedure to evict a tenant before you even consider signing a tenancy agreement? There is alot a very bad,dangerous and incorrect advice given to you on here. I doubt very much you would convince a judge that a 2-3 week delay on rental payments is a ground for eviction under a discretionary ground 10 or 11, and as such (and particularly as it is not over 8 weeks and you would not be able to use mandatory ground , you would need to ensure you serve a correct section 21 notice to ensure possession without the need for grounds, and if you do that, you have little chance of seeing your arrears paid as a section 21 possession does not include a money judgement. Housing benefit is paid to your tenant either 2 or 4 weeks in arrears, so if you had requested a month in advance upon the signing of the agreement, and on the proviso that the local housing allowance matches your rent and your tenants household is eligable to claim the maximum LHA to cover your rent, then there should be no problem with your tenant then handing the monies over to you. If your tenant is unable to manage their own finances and requests housing benefit directly to you then this is possible. If they run up 8 weeks arrears, you can request mandatory payments to yourself, and if they have arrears you can also consider an application for direct deductions from passported benefits for a small amount each week from the arrear itself. Before tearing up the ground about a 2-3 week delay in payment, i would advise that you consider the cost of sourcing another tenant and to avoid any counter claim ensure you have a fully compliant annual gas safety certificate, an electrical test (minimum visual) which should be done every 5 years or change of tenant, you have an indate EPC and that you have protected any bond they may have paid (before the service of a section 21 and within 14 days of the start of the tenancy). As a sidematter, the CAB will NOT give advice to a landlord, only to a tenant. I agree that a calm conversation about the delay is in order, and an agreement to catch up - failing that if you serve a section 21 notice that should spur them into action. If you need anything else, pm me and i will try to assist you.

[kaymarie 10]

The tenency states that late or non payment of rent will lead to immediate eviction - if they have signed a tenency agreement - they wont have a leg to stand on.

A lot of private landlords have morgages on rented property - its so unfair when tenants feel they do not need to pay on time, Im sure a morgage company wouldnt stand for it.

 

This is very wrong - do not take this advice, nothing in an assured shorthold agreement will lead to "immediate eviction". The tenant is protected by statute. All of pinkladys advice is incorrect!!

[retired 10]

If you are going to issue a section 21 or 8 it is important that you get it right. For a fixed fee you can get a company to do it for you. Try legal4landlords or landlordzone.

[shabba 10]

cant have the HB paid directly to me until they are 2 months in arrears!!! so guess the thieving ***** have spent that money!!!

im going to write to the housing now and get it paid directly!!

[Narden Dee 10]

if you dont know the law regarding evicting tenants then you shouldnt be a landlord, you should have made this your priority and got everything nailed down in a contract before letting them the property

[NatureBoy 10]

with great skill and difficulty, even if you go down all the channels of section 21, if the tenant refuses to move it can take up to 6 months to get a court based eviction. Know this from working in Housing and lettings for the last 7 years.