KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 What happens if you just evict her though? You get a fine? Link to comment Share on other sites More sharing options...
tonyh29 Posted July 30, 2020 Share Posted July 30, 2020 47 minutes ago, Demitri_C said: My missus is having a problem with her tenant. She is in the process of selling her house. Their tenancy expired and we did it all the right way gave them 8 weeks notice to find somewhere to leave. The house sale was suppose to be completed next week but now tenants wont leave. They know we cant evict them due to covid19 protection form the government as all evictions are frozen. so now she has a problem as the sale could fall through. I get tenants need to be protected for covid19 who fall in errears but what about people like her? She stands to lose hundreds of thousands if collapses from what she would have got. Then there is all the other fees from all the solictor fees etc Some people just take the piss since March , I think your GF needed to give 3 months notice , not 8 weeks , not that it appears to be a factor with their decision not to move tbh , I was of the impression the Covid changes were to stop evictions where a tenant couldn't pay the rent due to loss of earnings , not just that they didn't fancy moving out ... but either way doesn't look like you can start any court proceedings until Sept .. its a form 6a , under Section 21 if you want to google it yahoo , you might be able to at least issue the forms even if you can't actually start any court proceedings ( make sure you follow the correct procedures otherwise it will get thrown out and you have to start again) Link to comment Share on other sites More sharing options...
tonyh29 Posted July 30, 2020 Share Posted July 30, 2020 52 minutes ago, KenjiOgiwara said: What happens if you just evict her though? You get a fine? I don't know if its ever actually happened but in theory it could result in jail time ..... The tenants can also go after you for compensation 1 Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 (edited) 27 minutes ago, tonyh29 said: since March , I think your GF needed to give 3 months notice , not 8 weeks , not that it appears to be a factor with their decision not to move tbh , I was of the impression the Covid changes were to stop evictions where a tenant couldn't pay the rent due to loss of earnings , not just that they didn't fancy moving out ... but either way doesn't look like you can start any court proceedings until Sept .. its a form 6a , under Section 21 if you want to google it yahoo , you might be able to at least issue the forms even if you can't actually start any court proceedings ( make sure you follow the correct procedures otherwise it will get thrown out and you have to start again) Their tenancy expired in july so we only needed to give them 8 weeks as per contract. My missus says she has given them a section 21 already but i think she is getting muddled on what she has given. I have told her to go see a solictor and put the wheels in motion from now even if you cant take them court yet if she hasnt served them a section 21. Thanks tone Edited July 30, 2020 by Demitri_C Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 1 hour ago, KenjiOgiwara said: What happens if you just evict her though? You get a fine? They make you believe landlords have the power but If you actually look at the law they dont. The tenants have as much protection. The problem is your having some like ours hiding and using covid19 as a excuse. The crappy thing is we are in process of buying a house. If this all falls through because this tenant wont move we cant even sue the tenants for the money we would have lost. Its ridiculous. Link to comment Share on other sites More sharing options...
KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 Genuinly think I'd just hire a company to evict then, and rather deal with the consequences. Link to comment Share on other sites More sharing options...
snowychap Posted July 30, 2020 Share Posted July 30, 2020 4 minutes ago, KenjiOgiwara said: Genuinly think I'd just hire a company to evict then, and rather deal with the consequences. You can't. Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 Just now, snowychap said: You can't. Yep snowy is right. You have to strictly follow the guidelines for this or you can get in some serious trouble. Its a long process to go the high court and get law enforcement to evict them like 'cant pay we take it away' Dont even care about the rent money its just getting then out. The laws a bit crap if your in this scenario. Link to comment Share on other sites More sharing options...
KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 3 minutes ago, snowychap said: You can't. Why not? Link to comment Share on other sites More sharing options...
snowychap Posted July 30, 2020 Share Posted July 30, 2020 1 minute ago, KenjiOgiwara said: Why not? Because it would be an illegal eviction. Obviously, you can if you're willling to pay some local thugs to strongarm people out of the property but then you run the risk of police involvement, court injunctions, a fine or more (as per @tonyh29's post) and, I assume, a criminal record - landlord harassment is a criminal offence. Link to comment Share on other sites More sharing options...
KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 (edited) Well if you as a landlord have been perfectly reasonable and they are hiding behind some covid rule, which means a sale falls through and it's basically your financial safety vs theirs. I'd just fabricate bullshit right and west and make it unlivable for them. They would leave soon enough. Edited July 30, 2020 by KenjiOgiwara Link to comment Share on other sites More sharing options...
snowychap Posted July 30, 2020 Share Posted July 30, 2020 4 minutes ago, KenjiOgiwara said: I'd just fabricate bullshit right and west and make it unlivable for them. They would leave soon enough. That's landlord harassment which is a criminal offence. Link to comment Share on other sites More sharing options...
KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 Just now, snowychap said: That's landlord harassment which is a criminal offence. Sure it is, but if my tenant wanted to play dirty I wouldn't shy away from that. Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 3 minutes ago, KenjiOgiwara said: Well if you as a landlord have been perfectly reasonable and they are hiding behind some covid rule, which means a sale falls through and it's basically your financial safety vs theirs. I'd just fabricate bullshit right and west and make it unlivable for them. They would leave soon enough. Yeah it is really shit. There should be exception circumstances eg if your contract has expired, given you notice the right way and has had the house sogn telling you has sold since may. You should be able to sue tenants like this for financial compensation. Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 (edited) 2 minutes ago, snowychap said: That's landlord harassment which is a criminal offence. Your right it is but why are they not being given a criminal offence for trespassing? When i say they im referring to tenants because thats what they are doing now? Edited July 30, 2020 by Demitri_C Link to comment Share on other sites More sharing options...
snowychap Posted July 30, 2020 Share Posted July 30, 2020 Just now, KenjiOgiwara said: Sure it is, but if my tenant wanted to play dirty I wouldn't shy away from that. You wouldn't 'shy away' from fabricating things in order to break the law and likely commit a criminal offence that could have serious repercussions? It's not necessarily a case of a tenant 'playing dirty', though it may be. Tenants may not be able to move for all sorts of reasons. As it is, anyone renting out a property ought to make themselves aware of the procedures required in order to regain possession of the property (the procedures themselves haven't changed - just that there has been a 'ban' on a particular part of them going to court) and know that they cannot guarantee that a tenant will leave the property at the end of the fixed term even if they have given the required amount of notice to the tenant. The standard advice to landlords is to get vacant possession before marketing a house otherwise this is always a potential issue, which is exacerbated by the current statutory delay to possession proceedings. I have every sympathy for landlords in their position when they've tried to do the right thing but I also have sympathy for tenants who may not have been able, easily, to make use of that notice period in the times that we are in (we obviously don't know any of their circumstances). I would rapidly lose some sympathy if people then decided that it was okay to make stuff up and pursue a potentially criminal course of action, i.e. harass tenants out of the property. I'd suggest that anyone in the UK in a similar situation doesn't take that course of action for the potential risks outlined and because it would be a very shitty thing to do. 3 Link to comment Share on other sites More sharing options...
snowychap Posted July 30, 2020 Share Posted July 30, 2020 14 minutes ago, Demitri_C said: Your right it is but why are they not being given a criminal offence for trespassing? Because they aren't trespassing. Link to comment Share on other sites More sharing options...
KenjiOgiwara Posted July 30, 2020 Share Posted July 30, 2020 No. If people are exploiting me on my financial cost, to this degree, I'd do anything to **** them over (within reason). A fine, legal action or whatever would not change that point of view or deter me from doing so. The only way to deal with parasites is to make sure they understand you're not someone they want to leech off of. It's bad for you. Let them take advantage off you and you're bent over for eternity. Link to comment Share on other sites More sharing options...
Chindie Posted July 30, 2020 VT Supporter Share Posted July 30, 2020 It's always a struggle to have much sympathy for landlords. 1 Link to comment Share on other sites More sharing options...
Demitri_C Posted July 30, 2020 Share Posted July 30, 2020 20 minutes ago, Chindie said: It's always a struggle to have much sympathy for landlords. Why is that ? Link to comment Share on other sites More sharing options...
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