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non paying tenants


trophyshy
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My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

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A mate of mine had a similar problem and had to go to court to get them out which took a couple of months, then after the court told her to get out she refused and he then had to go back to court again to get her forcibly evicted. It's a long and expensive enough process as far as I know.

 

Try and find out what they'll do to you if you change the locks and leave their stuff sitting outside.

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Pretty sure it can be done quickly if you stick to the legal process and do the correct things (don't ask me ;)), but I'm sure the law is always on the landlord's side. Spot hire a decent solicitor, it will save time and money in the long haul.

 

Make sure they absolutely no grievance (or correspondance/proof of) with which to have reason not to pay.

 

Budget for them trashing the place.

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I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check theyre not witholding rent from you on the basis that you're in breach of contract in some respect though.

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Assuming you want to play by the rules then here's my advice FWIW:

 

An assured shorthold tenancy should run for 6 months, and you should be requiring the tenants to sign a new contract at that point in time, thereby keeping the tenancy on an AST basis. If you haven't done this then you have effectively created a contractual assured tenancy by default (which gives the tenants slightly more rights in terms of occupancy of the property). You can still serve notice to quit, but if its a contractual assured tenancy, you're possibly looking at going through the courts to get an eviction, which could take a few months. Without knowing whether the tenants have any legitimate grievance against you, it's hard to say how straightforward any court case would be.

 

Are there any outstanding repairs on the property? I ask because tenants have a right to withhold rent payment only if there are outstanding repairs on the property which the landlord has neglected to deal with. In this instance, tenants are legally required to put money aside until repairs are completed and then pay any outstanding rent owed for the period. If there's repairs outstanding, the courts are mostly likely to side with the tenant - as case law dictates.

 

Clearly you're looking for a swift resolution to your problems so I hope this helps. ;)

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Assuming you want to play by the rules then here's my advice FWIW:

 

An assured shorthold tenancy should run for 6 months, and you should be requiring the tenants to sign a new contract at that point in time, thereby keeping the tenancy on an AST basis. If you haven't done this then you have effectively created a contractual assured tenancy by default (which gives the tenants slightly more rights in terms of occupancy of the property). You can still serve notice to quit, but if its a contractual assured tenancy, you're possibly looking at going through the courts to get an eviction, which could take a few months. Without knowing whether the tenants have any legitimate grievance against you, it's hard to say how straightforward any court case would be.

 

Are there any outstanding repairs on the property? I ask because tenants have a right to withhold rent payment only if there are outstanding repairs on the property which the landlord has neglected to deal with. In this instance, tenants are legally required to put money aside until repairs are completed and then pay any outstanding rent owed for the period. If there's repairs outstanding, the courts are mostly likely to side with the tenant - as case law dictates.

 

Clearly you're looking for a swift resolution to your problems so I hope this helps. ;)

 

 

Howay........I said that two posts ago! <_<

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turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

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turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

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turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

 

 

Jesus......I mentioned about notice being completely independent of rent arrears as well!

 

People just choosing to ignore me tbf.

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My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

 

 

I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check they're not witholding rent from you on the basis that you're in breach of contract in some respect though.

 

;)

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My hoose in Whitley Bay has tenants that after 8 months have decided they don;t want to pay the rent any more, nor communicate with my agents (who are also shite at communicating with me)

 

Has anyone got any sound advice? I believe I can hoy them out using a section 8 after 2 months no payment, anyone know how long this process takes?

 

And I am not a multi property landlord millionaire, incidentally, I am renting a one bed flat in London and paying for this and my mortgage is killing me! gah!

 

 

I'm not a housing lawyer, but if you've got them on an AST then you'll not have any bother at all. You don't even need a breach of contract, you can just terminate on notice.

 

Check they're not witholding rent from you on the basis that you're in breach of contract in some respect though.

 

<_<

 

;)

 

Cock-off, piss teeth!

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Breed em out.

 

or deliver notice that you're victing them in 24 hours, turn up with comedy "hardmen" and stand like a Mafioso as your "soldiers" lug boxes of their shit into the road.

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turns out my feckless agents received payment 10 days ago and didn't realise, only about 6 phone calls, 5 emails and a couple of choice swear words caused them to investigate properly.

 

the advice re. AST expiring is interesting, 6 month contract expired so may need to investigate.

 

thanks to everyone for your efforts. ;)

 

Basically you can get them out with one months notice should you wish to

 

 

Only if you've got a shorthold assured tenancy, fuckwit. <_<

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