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 Ian Simpson

19:40 PM, 25th November 2013, About 8 years ago

His last day tomorrow!! From Wednesday he will be occupying illegally (squatting) - apparantly has been throwing out a huge amount of rubbish and actually texted today to say he is going tomorrow and who he is leaving the key with!! Awesome!! Will it come true..? WIll he be gone...?
Will we need the bailliffs..?
Watch this space !!

by Romain Garcin

9:53 AM, 26th November 2013, About 8 years ago

If he hasn't vacated at the expiry of the possession order, you'll have to instruct bailiffs to physically evict him (fees to be added to whatever costs tenant already owe you, and more time to wait).

A few points:
- You have a possession order under s.21, this means that the tenancy will not end until the order is executed. Ie. the tenant will continue to have a perfectly valid tenancy after the expiry of the possession order, until the bailiffs execute that order.
- You cannot change the locks on him, that would be illegal eviction (a criminal offence).
- A tenant remaining after the end of the tenancy is not a squatter.

by Ian Simpson

21:57 PM, 26th November 2013, About 8 years ago

Welll - HE HAS GONE!!! Moved out yesterday evening... 50 rubbish bags outside, small pile of residual furnituree, but more pots of paint and rollers now than half-esten food etc etc ...!! Hooray!! Next move - - full clean, re-paint and re-carpet, and then re-let - hopefully with better credentials this time~!!

by Romain Garcin

7:39 AM, 27th November 2013, About 8 years ago

Well done!
Change all the locks...

by Mark Alexander

7:51 AM, 27th November 2013, About 8 years ago

I am pleased for you Ian, I agree, change the locks but save them as you may be able to use them elsewhere

by Ian Simpson

19:40 PM, 27th November 2013, About 8 years ago

Good advice, thanks. I am staggered that the laws of our land still allow a non-rent paying tenant a legal tenancy even after the expiry of the grace period on a notice of eviction from a judge.... Madness... If a tenant is not squatting under those circumstances then what is squatting ...?
I am just wondering, IF he hadnt moved out and IF I had changed the locks while he was down the boozer, would he have done anything about it...? The CAB seem to be notoriously anti-landlord, so may have read him his rights I suppose,,,
.....Wonder where he is now?

by David Sweeney

20:39 PM, 27th November 2013, About 8 years ago

Reply to the comment left by "Ian Simpson" at "27/11/2013 - 19:40":

Ironically if he was 'encouraged' to leave by anyone except court bailiffs it would be illegal eviction

Haniff v Robinson [1993] 1 All E.R. 185
Borzac v Ahmed [1965] 2 Q.B. 320

by Andrew Stuart

14:20 PM, 28th November 2013, About 8 years ago

Glad you have finally had closure on ths sorry state of affairs.
Having followed the thread responses I am alarmed that you were advised to offer £400 cash incentive for the tenant to vacate I find that so unprofessional and weak advice.

Nothing short of paying a ransom and will only encourage other 'streetwise' tenants to follow endangering other landlords.
NEVER EVER reward this sort of behaviour it may come back to bite you in the ***

by Jayne Wilkins

14:35 PM, 13th August 2014, About 8 years ago

Reply to the comment left by " " at "10/08/2013 - 17:32":

Apologies, I realise this is a very old thread! However, I've been all over the net looking at advice, forums, legislation etc. and have proceeded with sending my bad tenant a Section 21 (form downloaded from NLA) ... I suppose this means I'm two-months-notice-worth's down in rent the moment I posted the damn thing.

However, my questions are (which I can't seem to find a straight answer to) when can I / should I now serve a Section 8? What's the difference between 8 and 21 other than the notice periods?

Please help me :*(

Much appreciated, JW

by Mark Alexander

15:21 PM, 13th August 2014, About 8 years ago

Reply to the comment left by "Jayne Wilkins" at "13/08/2014 - 14:35":

Section 8 provides a judge with with some discretion whereas section 21 does not. There are several grounds for serving section 8, the most common being two months or more of rent arrears.
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