evicting tenant

[suzie1]

due to unreasonable behaviour, her tenancy runs out in june, whats the first thing i need to do in order to evict her, if i need an eviction notice, can i write it myself and what kind of things am i supposed to write. thanks

[tamborine]

What are the terms of your Lease. Does an Agency collect the rent?

[sherrardk]

Don't know about the legal side of things but our landlord is selling our/his house and he just gave us two months notice - we have a kind of friendly agreement going on so it's cool and we will find somewhere else to go. However, I do know that if we wanted to be gits about it we could just stay and he would have to get a court order to evict us which is bound to cost money. I suppose she could just stay and you would have to do this but she could also do damage to your property (given her unreasonable behaviour) so I think you might be in for a bumpy ride. Sorry.

[suzie1]

the rent is dss, i get it automatically through bacs, the tenancy says i need to serve her an eviction notice, my question is do i write one myself or do i get solicitor etc to do it? also she will prove hard to get out due to her being there several years, as someone elses tenant, and then i bought the house from the previous owner and took over her tenancy, didnt mind her living there as i was gonna rent it anyway. she pays nowhere near the rent she should be paying either.

[suzie1]

if she damaged the property, surely we would be able to take legal action i.e criminal damage, as she has always paid rent through social and never worked her whole life, the law could track her down, couldn't they

[sherrardk]

This is slightly off your thread but if you are prepared to accept tenants on Housing Benefit you will find that you can probably charge a higher rent (bizarrely) - find out what your Local Housing Allowance is for a property of your size - not all people on benefits are lowlife (and it is virtually guaranteed to be paid - unlike ordinary rent).

[sherrardk]

To reply to your question, do you hold a deposit from her? If not it would be hard work getting her to pay for any damage that she might do (not that she would necessarily to any but you did mention her unreasonable behaviour).

[tamborine]

very awkward; you've bought sitting tenant & DSS, who will support her tenancy as they dont want to have to rehouse her.

You write 1 months notice, send it registered (proof of posting) & wait for her to go. If she's still there after notice then its court proceedings; they can extend the notice to 3m.

[Buenchico]

Assuming that it's an assured shorthold tenancy you can serve a 'Section 21 Notice to Quit' at the end of the tenancy, or a 'Section 8 Notice to Quit' during the tenancy.

Section 21 explained:
http://www.tenancyagr...21-notice-to-quit.htm

Section 21 form:
http://www.propertyin...quiringpossession.doc

Section 8 explained:
http://www.tenancyagr...-8-notice-to-quit.htm

Section 8 form:
http://www.propertyin...ssesssionsection8.doc

If you're not sure of the type of tenancy, pretend that you're the tenant and answer the questions here:
http://england.shelte...ools/eviction_checker
(At the end of the short questionnaire you'll be told the type of tenancy and offered a link which shows the procedures a landlord must follow in order to evict a tenant. It's written from the tenant's viewpoint but it still provides useful information).

Chris

[Masked_Landlord_UK]

You need to do 2 things
1. Issue a s21(1)(b) notice to your tenant giving them 2 months notice that you intend to seek possession. This isn't a notice to quit - but you have to do this before you go to court to re-gain possession.

2. Issue a section 8 notice under ground 14. Once done, you can immediately TRY to gain possession through the courts using www.possessionclaim.gov.uk. Be warned, although his will be much quicker if successful, it will be up to the judge to decide if the behaviour is sufficient to warrant eviction.

If this fails, then you should be ready to commence the section 21 process (ie the 2 months will have passed). This is guaranteed possession for you, so T should be gone within a couple of months of that.

You can not MAKE a tenant leave without a court order. If T doesn't go even with a court order, you will have to employ court bailiffs to physically remove them.

[Masked_Landlord_UK]

Just to add to the above - the s21 and s8 forms are available free at www.landlordzone.co.uk - click on the 'agreements' section.

[suzie1]

Thank you all. x