News0 min ago
Bought And Rented Back To Friend
Hi All
I bought my freinds flat when she hit on hard times at the end off the sale she had 5,000£ left which she asked me to look after to cover the rent in case hard times came round again.She never paid any rent so the £ 5.000 has now gone and she is very erratic with her payments unfortunately I didn't insist on a contract and now she won't sign one have to got any way off getting her out as I now wish to sell the property to renovate my own any help would be much appreciated.
I bought my freinds flat when she hit on hard times at the end off the sale she had 5,000£ left which she asked me to look after to cover the rent in case hard times came round again.She never paid any rent so the £ 5.000 has now gone and she is very erratic with her payments unfortunately I didn't insist on a contract and now she won't sign one have to got any way off getting her out as I now wish to sell the property to renovate my own any help would be much appreciated.
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Some useful info here
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try UK law
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Rules for excluded tenancies or licenses
If you have an excluded tenancy or licence (eg you live with your landlord), your landlord doesn’t have to go to court to evict you.
Your landlord only needs to give you ‘reasonable notice’ to quit. Reasonable notice usually means the length of the rental payment period - so if you pay rent weekly, you’ll get 1 week’s notice. The notice doesn’t have to be in writing.
They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.
I think this situation may come under excluded tenancy.
If you have an excluded tenancy or licence (eg you live with your landlord), your landlord doesn’t have to go to court to evict you.
Your landlord only needs to give you ‘reasonable notice’ to quit. Reasonable notice usually means the length of the rental payment period - so if you pay rent weekly, you’ll get 1 week’s notice. The notice doesn’t have to be in writing.
They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.
I think this situation may come under excluded tenancy.
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i assume you have npow fallen out now so have no qualms about getting touch with her?
if so do as the others have said - she has no rights whatsoever to live in your house... she is essentially squatting.
to be fair, give her some time to relocate so shes not on the street but give her a set date to leave and send it to her recorded delivery ... i would also post one on the hallway wall of the property
if you are still firends, why not offer to help her find a new place - just to show no hard feelings and that its just business...?
if so do as the others have said - she has no rights whatsoever to live in your house... she is essentially squatting.
to be fair, give her some time to relocate so shes not on the street but give her a set date to leave and send it to her recorded delivery ... i would also post one on the hallway wall of the property
if you are still firends, why not offer to help her find a new place - just to show no hard feelings and that its just business...?
If your friend is now your ex- friend the legal position is:
A verbal agreement is a binding as a written tenancy (though not to be recommended) as soon as a landlord accepts payment from a tenant a verbal contract is formed and of course the legal rights and responsibly of the Landlord and tenant are also in force. If the tenant has not paid rent for 8 weeks or two months correctly serve a section 8 notice, if the original fixed term (usually 6 months) is now complete (if there was one) serve a section 21 notice, if the section 8 or 21 notice is correctly served the court must grant you possession. If in any doubt contact a local solicitor.
A verbal agreement is a binding as a written tenancy (though not to be recommended) as soon as a landlord accepts payment from a tenant a verbal contract is formed and of course the legal rights and responsibly of the Landlord and tenant are also in force. If the tenant has not paid rent for 8 weeks or two months correctly serve a section 8 notice, if the original fixed term (usually 6 months) is now complete (if there was one) serve a section 21 notice, if the section 8 or 21 notice is correctly served the court must grant you possession. If in any doubt contact a local solicitor.
Not that simple. I assume you are not living in the property, too, so it is not an excluded tenancy.
You do have a contract with her - a verbal one which is still legally binding:
"The fact a tenant does not have a written tenancy agreement does not affect a tenant’s statutory legal rights, or the landlords legal rights, for that matter. Both parties are still protected by statutory law.
Without a written contract, a landlord will still need to serve a valid Section 8 to evict a tenant. Even then, the landlord will need legitimate grounds to evict the tenant, and the tenant is entitled 14 days after the form is served, to decide what he/she wants to do. There is actually no difference in procedure for evicting a tenant that hasn’t got a written contract than someone who has.
A tenant is entitled to stay in the property until evicted by a court bailiff (or High Court sheriff) acting under the authority of a court order for possession. If a tenant is evicted any other way, the landlord could be held liable for unlawful eviction."
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You do have a contract with her - a verbal one which is still legally binding:
"The fact a tenant does not have a written tenancy agreement does not affect a tenant’s statutory legal rights, or the landlords legal rights, for that matter. Both parties are still protected by statutory law.
Without a written contract, a landlord will still need to serve a valid Section 8 to evict a tenant. Even then, the landlord will need legitimate grounds to evict the tenant, and the tenant is entitled 14 days after the form is served, to decide what he/she wants to do. There is actually no difference in procedure for evicting a tenant that hasn’t got a written contract than someone who has.
A tenant is entitled to stay in the property until evicted by a court bailiff (or High Court sheriff) acting under the authority of a court order for possession. If a tenant is evicted any other way, the landlord could be held liable for unlawful eviction."
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You don't need to see a solicitor at this stage. You can do it yourself:
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Find a Law firm who have a housing specialist it is quite straightforward a larger firm is more likely to have specialists. If you are to sell the property a section 21 notice will probably be fine and remember the court must grant you possession if the section 21 is properly served, this is important.
I would most certainly not just kick her out as has been suggested. Unfortunately that is sometimes what you get for trying to help.
I would most certainly not just kick her out as has been suggested. Unfortunately that is sometimes what you get for trying to help.
this advice was given by my hubby who was a homelessness officer until a couple of years ago.....he knows his stuff, but please check that the following is up to date (i'm sure not much at all will have changed, but you have to be absolutely sure of what you do from now). he has seen every type of tenant, landlord and trick in the book:
*doesn't matter if you have/had/didn't have a tenancy agreement on paper - they have paid you rent and as such, an agreement is in place (although the terms are very unclear to you and your tenant) - in future, get a clear, written, signed and witnessed tenancy with proper legal advice
*if they have been there less than six months, wait and see the comment below (it's complicated and will cost you unnecessary money and court time)
*if they have been there longer than 6 months, it is a flat 2 month notice period to quit the property - under sec 21 of the housing act (1996). write to your tenant and inform them that notice is being given under this section (and employ someone to serve the papers). you can buy properly set out legal documents/notice to quit forms etc. from any legal stationers for a few quid (or may be able to download/buy some)
*if they are not out the day your (2 month) notice expires, you have to apply to the courts for a possession order and that will give another date (usually 1 month after or whatever the court decides) for the tenant to get out
*if they are still there when this date has expired, you have to go back to court and get a bailiffs warrant. this will give your tenant 28 days to quit after which you can employ bailiffs to sling them out onto the street, irrespective of not packing, or having somewhere to go
*under no circumstances should you change the locks, attempt to remove them from your house yourself, contact your tenant unless you are making a request for rent, or to serve them papers - otherwise you can be accused of harassment. you can also be done for an illegal eviction which could be punished with a prison sentence
*you are unlikely to see any costs/court fees/overdue rent/bailiffs/etc. even if the judge awards it (if your ex-friend buggers off you may not be able to find them to take them back to small claims court; or they can just plead complete poverty and you will get something silly like £1 a week - crappy, but people have done worse)
*you should check that everything you do complies with the current housing law, and it would be worth your while contacting a local council's housing advice service or shelter for information and support - and to check that you are serving the correct paperwork and following procedure etc.
*never, EVER rent to 'friends' who have become broke - you want your tenants to be solvent, responsible individuals with a good, no exemplary renting record. you are now discovering the problems that this can bring. i bet your 'friend' is bargaining on the fact that you haven't got the balls to sling them out
*don't tell your 'friend' any of the above information, even if you are trying to make a point. knowledge is power, so they say, and you can get them out in 3 months if you do things properly. don't tell them where to get advice or help....let them flounder and fester by themselves and look after your own interests only
i hope this info helps....don't listen to the 'sling them out' comments or be tempted to do anything silly - they ARE your tenant, irrespective of signed pieces of paper. the above is the law, and if you give a judge even a hint of doing something wrong, they take great pleasure in prosecuting 'big, bad' landlords - especially if your friend will have access to legal aid if they are poor (it's what pays for solicitor's cars!). good luck....i will subscribe to this thread and help further if i can. regards, lisa x
*doesn't matter if you have/had/didn't have a tenancy agreement on paper - they have paid you rent and as such, an agreement is in place (although the terms are very unclear to you and your tenant) - in future, get a clear, written, signed and witnessed tenancy with proper legal advice
*if they have been there less than six months, wait and see the comment below (it's complicated and will cost you unnecessary money and court time)
*if they have been there longer than 6 months, it is a flat 2 month notice period to quit the property - under sec 21 of the housing act (1996). write to your tenant and inform them that notice is being given under this section (and employ someone to serve the papers). you can buy properly set out legal documents/notice to quit forms etc. from any legal stationers for a few quid (or may be able to download/buy some)
*if they are not out the day your (2 month) notice expires, you have to apply to the courts for a possession order and that will give another date (usually 1 month after or whatever the court decides) for the tenant to get out
*if they are still there when this date has expired, you have to go back to court and get a bailiffs warrant. this will give your tenant 28 days to quit after which you can employ bailiffs to sling them out onto the street, irrespective of not packing, or having somewhere to go
*under no circumstances should you change the locks, attempt to remove them from your house yourself, contact your tenant unless you are making a request for rent, or to serve them papers - otherwise you can be accused of harassment. you can also be done for an illegal eviction which could be punished with a prison sentence
*you are unlikely to see any costs/court fees/overdue rent/bailiffs/etc. even if the judge awards it (if your ex-friend buggers off you may not be able to find them to take them back to small claims court; or they can just plead complete poverty and you will get something silly like £1 a week - crappy, but people have done worse)
*you should check that everything you do complies with the current housing law, and it would be worth your while contacting a local council's housing advice service or shelter for information and support - and to check that you are serving the correct paperwork and following procedure etc.
*never, EVER rent to 'friends' who have become broke - you want your tenants to be solvent, responsible individuals with a good, no exemplary renting record. you are now discovering the problems that this can bring. i bet your 'friend' is bargaining on the fact that you haven't got the balls to sling them out
*don't tell your 'friend' any of the above information, even if you are trying to make a point. knowledge is power, so they say, and you can get them out in 3 months if you do things properly. don't tell them where to get advice or help....let them flounder and fester by themselves and look after your own interests only
i hope this info helps....don't listen to the 'sling them out' comments or be tempted to do anything silly - they ARE your tenant, irrespective of signed pieces of paper. the above is the law, and if you give a judge even a hint of doing something wrong, they take great pleasure in prosecuting 'big, bad' landlords - especially if your friend will have access to legal aid if they are poor (it's what pays for solicitor's cars!). good luck....i will subscribe to this thread and help further if i can. regards, lisa x
I assumed that you weren't living in the property either so, as others have said, she more than likely has a statutory tenancy.
Don't just kick her out as has been said, it could count as an unlawful eviction.
As Tony, HC and lcg have said, you need to do things properly.
How much rent is she in arrears by?
Don't just kick her out as has been said, it could count as an unlawful eviction.
As Tony, HC and lcg have said, you need to do things properly.
How much rent is she in arrears by?
check section 8, 10 and 11 of the housing act for the grounds to be served with an eviction notice. it sets out the specific amounts/times/dates the notice can be served. i think it may be that the tenant is 2 months behind....if the tenant pays up some after going to court, the notice is suspended and the process starts all over again. if the tenant is canny, this can go on for months (sorry herbie) before a judge will lose patience with a tenant. as i said, do NOT give your tenant any information which may help their case and let them flounder. if you do evict them for rent arrears, they will be intentionally homeless as well and will find it very difficult to get assistance from the local housing dept. x.
my hubby has also just said if the tenant hasn't been there that long it may be more useful and much, much cheaper if you can pay a deposit on a new property and give them a good reference. it is only serious, long term and large sums of rent arrears which get granted eviction in a court. just a thought x
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hmm bad luck. You of course need to be able to account for any rent paid and also the £ 5k = a rent book
try to go for a s 21 notice (end of tenancy) I thnk the j will hold that your contractis a short hold assured tenancy, and that the 'period' is monthly
so make sure that your s 21 notice covers two consecutive rent days - mine are always 14th so the quickest in that case you can get then out is Jan 31 2013 - [the notice covers dec 14th and jan 14th ]
Then on 31st Jan in thsi case you have to apply to a court
oh on a technicality - you have to specify the last day of the lease - in this case it is Jan 31 and NOT the day you want them out (Feb 1st). Altho it is clearer that is not what the act specifies
People are talking about - even the canonised-saint-while-he-is-still-alive TW - section 8 and I think they mean Ground 8 (non payment of rent)
You need for this a ground 8 notice and the amount of unpaid rent - wh I assume is more than two months worth
technical point - for a ground 8 claim, you MUST include a statement in the statement of claim - something like I am seeking possession for no payment of rent that is Ground 8
and finally - PCOL
possession claims on line ?
does it cover the whole country ?
itis available in Manchester and I have to say my non paying tenant could not believe the speed that after the notice period had closed I got him out
(25 days)
hmm bad luck. You of course need to be able to account for any rent paid and also the £ 5k = a rent book
try to go for a s 21 notice (end of tenancy) I thnk the j will hold that your contractis a short hold assured tenancy, and that the 'period' is monthly
so make sure that your s 21 notice covers two consecutive rent days - mine are always 14th so the quickest in that case you can get then out is Jan 31 2013 - [the notice covers dec 14th and jan 14th ]
Then on 31st Jan in thsi case you have to apply to a court
oh on a technicality - you have to specify the last day of the lease - in this case it is Jan 31 and NOT the day you want them out (Feb 1st). Altho it is clearer that is not what the act specifies
People are talking about - even the canonised-saint-while-he-is-still-alive TW - section 8 and I think they mean Ground 8 (non payment of rent)
You need for this a ground 8 notice and the amount of unpaid rent - wh I assume is more than two months worth
technical point - for a ground 8 claim, you MUST include a statement in the statement of claim - something like I am seeking possession for no payment of rent that is Ground 8
and finally - PCOL
possession claims on line ?
does it cover the whole country ?
itis available in Manchester and I have to say my non paying tenant could not believe the speed that after the notice period had closed I got him out
(25 days)
