Story of an Eviction

Story of an Eviction

13:49 PM, 8th August 2013, About 9 years ago 42

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I thought it might be helpful to other readers to post a blog on an eviction process. Story of an Eviction

In one of my HMO’s, I have just had a Section 21 expire and my tenant still present… Joy.

He is 29, able-bodied, and plays for a local cricket team, but has never done a stroke of work in his life.

Until last November his rent of £400 pcm was paid by the council, but then it dropped to the capped amount leaving him circa £80 pcm to top up with. Of course he has not paid a penny, though always has money for booze, fags and electric guitar equipment, with which he disturbs the other tenants in the HMO.

Having said all that, he is quite a personable chap, and I for one cannot fathom why he cannot or will not get himself a job.

He has had three months to find somewhere else and I don’t think has really bothered to even try.

I informed him back in March, informally, that if he could not meet the rent he would have to find somewhere else. Nothing changed, the noise nuisance worsened, and we served him with a Section 21, which effectively gave him ten weeks’ notice. I bought the HMO July 2011, and inherited him with the house, he is NOT a protected tenant, only having been there from 2009. No deposits were passed on from the previous landlord.

So, what would your advice be at this point?

I am thinking of removing his bedroom door, as it is my property…!!?

Has this been tried before?

Seriously though, I am not sure yet what processes and expenses will be generated by this process…

Will the council continue to pay their part of his rent through the eviction process or will this just stop?

Is it my bounden duty to give him free electricity,water, heating etc while the process goes on?

Perhaps he would also like some free clothes and a chauffeur service too?

How long will all this take?

Is this “enforced charity” just part and parcel of being a landlord?

Is there any way of claiming compensation from him/his family/the council..?

All comments and suggestions welcome, and I will try and update this thread as often as possible.

Ian Simpson



Comments

by Paul Routledge

9:59 AM, 4th September 2013, About 8 years ago

Ian,

Please register him on http://www.landlordreferencing.co.uk so that none of us or the 21,000+ other landlords and letting agents never have to take him in the future.

by Jessica Adams

22:38 PM, 5th September 2013, About 8 years ago

Reply to the comment left by "Ian Simpson" at "21/08/2013 - 16:32":

Ian, I liked your phrase about landlords being a charity. I have been a generous donor too. I believe the organisation we have both been paying money into is called P.I.T.S (Poor Ickle Tenants Society). It is there to remind us that being a landlord or landlady really is the bloody pits.

I paid a letting agency and I still found myself forking out for P.I.T.S.

Ker ching! This is what I generously donated -

1. Hiring a solicitor to get them out. Nearly £1000.
2. Paying for a room up the road because they had made me homeless on my return from working overseas. ('We're not moving out, we can't find a flat') Over £1000.
3. Paying their court case because ickle tenants had no money. About £250.
4. Paying for the damage to my flat, over and above the security deposit. They had an ickle daughter who created masterpieces in glitter and crayon on my walls and blinds. A creative genius like your guitar player, Ian. Well that cost me about £500.

Our further cost as taxpayers -

Put it this way, Ian. When they finally moved out, the post just kept coming. There wasn't a hospital or optician that wasn't servicing their friends and family. Maybe they were some of the same six people, for whom they had an extra six beds. We'll never know. But you and I have been paying for them..

Eventually I resigned from P.I.T.S. I will never, ever be a landlady again.

Ian I wish you the very best with your poor ickle.

by Ian Simpson

6:37 AM, 6th September 2013, About 8 years ago

Thanks for the comment Jessica, at least you got them out!! Well, his month of grace is now up, Lets hope Landlord Action can do as they claim. I am just getting them to make sure all the paperwork is in order before starting the court bit.

by Jessica Adams

7:24 AM, 6th September 2013, About 8 years ago

I hope you get your money back as soon as possible Ian. And they wonder why there's a shortage of rental properties. Good grief.

by Ian Simpson

18:14 PM, 26th September 2013, About 8 years ago

OK, All papers went to Landlord action. I made sure they had checked through them all thoroughly and confirmed by email that all was in order before parting with their (fairly reasonable) fee of £675. Now getting the inevitable queries about rent arrears (already sent twice - will re-send) and deposit - (previous landlord confirms no deposit taken, email paperwork sent, AST paperwork confirms and sent already (luckily copy retained) - but maybe we will need it in writing as well - In blood perhaps..?)

Now I am waiting for the request for my grandmother's dog licence, whether I have ever had an AIDS test, and my shoe size ....

The joy of tenants.....

by Ian Simpson

17:22 PM, 22nd October 2013, About 8 years ago

Reply to the comment left by "Ian Simpson" at "26/09/2013 - 18:14":

A week to go till the court case - now extracted a witness statement from former landlord to confirm no deposit. ALl paperwork in order, notice given, and passed, - will we get an eviction order...?

by Mark Alexander

17:28 PM, 22nd October 2013, About 8 years ago

Reply to the comment left by "Ian Simpson" at "22/10/2013 - 17:22":

Good luck Ian, I look forward to reading your next update.
.

by Ian Simpson

14:20 PM, 4th November 2013, About 8 years ago

OK, Off to court - tenant appears twenty minutes AFTER the hearing time...!!! Only to immediately spend 40 minutes with the duty solicitor... Amazing - if it was me, they either wouldnt have been available, the case would have been called,. or I would have had to pay.... ANyway - no issues, eviction granted under the Section 21.... and 28days grace allowed - will it go to the Bailliffs or will he move out sensibly ..? Watch this space...

by Ian Simpson

18:22 PM, 11th November 2013, About 8 years ago

.... and a brief text conversation with the tenant (is this allowed?) reveals he "might or might not" leave on the 28th day - depending on whether he has found somewhere or not!! B.....y Cheek !! Bit of a pain one cannot pre-book the bailliffs, but can only action them on the 29th day and then of course there's a waiitng list for that too - council dependant.... Probably 3 weeks I reckon.... Could be dumped outside on Christmas eve...?!

Question : Once the Eviction grace date has passed, is it legal to go in and just change the locks etc if the tenant is out...? i.e. at that point in time he is beyond the court order date so has no legal right to remain....?

by Ian Simpson

15:20 PM, 18th November 2013, About 8 years ago

Apparantly he says he will be going on or before the expiry date now (word of mouth to another tenant) - however I refer to my previous question and ask again : What is the story if we pass the date the court gave as the final day for legal occupation, he is still there, but he "Pops to the shops" (Probably for more fags and beer) and returns to find himself locked out ...? Clearly this would not be allowed before the eviction, or even during the grace period, but what about after all those milestones are passed...?


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