Singing Pig

 

I rented a one bed flat to a young couple through an estate agent.  The girl paid 6 months rent in cash up front because she'd been living in spain with her mum and we couldn't get references.  The credit check on her boyfriend showed up a CCJ.

The tenancy is due to end on 13th March.  On 12th Jan my estate agent sent them a letter asking them what their intentions were regarding renewing the tenancy along with a Section 21 which is his normal practice.

The boyfriend rang me and said that the girl was going back to live with her mum in Spain because she missed her and that he wanted to take over the tenancy.  I said I'd visit him to check the flat and talk it over with him.  I'd also heard he was keeping a dog there which is not in the agreement.

I visited him with the estate agent.  The flat was spotless.  No sign or smell of dog.  We asked him directly about the dog and he said it was his dads and he didn't keep it at the flat.  He has a reasonably paid job and assured us he could afford the rent on his own.  He said he'd show us pay slips and get a letter from his employer.  The original deposit was paid by his girlfriend and he said she was ok with him using it as his deposit and we said we needed written proof of that.  He also agreed to his dad being a guarantor.  He also said he broke a key in the front door lock and has had the lock replaced.  I asked him to drop a key in to the estate agent as soon as possible.

This was about 3 weeks ago.  He hasn't done any of the things he said he would.  He hasn't been into the agent so we haven't seen payslips, letter from employer, no details of his dad as guarantor and most worryingly no key to the front door.  So I can't get into the property.

Then on Saturday I had a phone call from the girlfriend.  Apparently she's not going back to spain.  They've basically split up and not amicably.  He's told her she has to get out of the flat.   She has definitely not said that her deposit can be used by him.  In addition she said he IS keeping the dog at the flat and that he didn't break a key in the front door lock, he changed the lock so she couldn't get in and presumably so I couldn't either.

Can anyone advise me on what to do next.  I feel I should call him and tell him I know everything and he needs to move out at the end of the tenancy on 13th March but I'm concerned I'll get his back up and he won't move out and I can't get in!

Help!

 

If both their names are on the AST and if the section 21 is legally served, then i would do nothing other than instruct your agent to not renew the AST.  As long as the AST contains the phrase joint and several (or something similar) they are both equally liable for rent, whether only one lives there or not.  i would not have any further contact with him. Do not return the deposit to her.  Their splitting up  is nothing to do with you.  You will need some of that deposit money to  employ a locksmith and to purchase and install new locks if he does not provide the keys on departure.

clottie:

If both their names are on the AST and if the section 21 is legally served, then i would do nothing other than instruct your agent to not renew the AST.  As long as the AST contains the phrase joint and several (or something similar) they are both equally liable for rent, whether only one lives there or not.  i would not have any further contact with him. Do not return the deposit to her.  Their splitting up  is nothing to do with you.  You will need some of that deposit money to  employ a locksmith and to purchase and install new locks if he does not provide the keys on departure.

Hi Clottie, what is the correct way to complete and legally serve a S21 notice. If my memory serves, the date inserted on the notice is pretty important and it relates in some way to the original date that the AST was taken out   

 

 

Thanks for your advice clottie.  I've spoken with the agent today and he's told the boyfriend that his tenancy won't be renewed.  He then told the agent he's intending to go in on Friday with the new key to the front door so hopefully he'll do that.  However if he thinks that's going to change my mind he's mistaken.  I've had the girlfriends mother on the phone to me from Spain today and apparently he's been selling off the daughter's belongings behind her back and he's moved one of his mates into the flat as well as the dog!  Anyway hopefully he'll move out without a fight. 

One little glimmer on the horizon - the girlfriends mum furnished the flat with virtually new furniture and has offered it to me at a clearance price because she's got no use for it now.

 

 

 

An update on the situation:

The tenant has made it quite clear to my estate agent that he has no intention of moving out when the tenancy ends on Thursday.  He wants a council flat and has been advised that he needs to be evicted by me.  So, can anyone answer any or all of the following questions:

1.  He was issued with the Section 21 on 12th Jan.  Can I issue the Section 8 as soon as the tenancy ends i.e. Friday?  I know the rules concerning the issuing of the section 8 are very precise and I am thinking of getting my solicitor to handle the whole process so that it's all done correctly and I can get him out asap.  Would you recommend this as I am a new landlord?

2.  By taking him to court to evict him can I use the same process to get the rent he owes for the period from the end of the tenancy till I'm able to evict him.  Or do I have to take him to court over the rent issue separately?  He has a reasonable job and I've heard of cases where the court has ordered that monies be paid directly by the employer.  NB the rent is all paid up till the end of the tenancy.

3.  As he has a fairly good job and earns decent money would he be eligible for a council flat?  His mother works at the council and may be able to pull a few strings for him.  Can I scupper his plans by contacting the council and telling them the situation?  I know that won't get him out any quicker but I'd like to make things as difficult for him as possible.   

4.  I'd like to contact his employer and tell them the situation - is there any reason why I shouldn't do this?

5.  Any other advice as to how to speed up the eviction would be appreciated.

Thanks

 

 

there is no fast way to do a legal eviction.  my best advice is to join National Landlords Association   -  it will be masses cheaper than a solicitor.  They have a great legal help-line and can assist you to fill in all the court forms correctly.  They also have downloads of advice sheets for all the eviction Sections, and how you can use them and when.

 

do not contact his employer or the council re his actions as a tenant  - this could be seen as  harrassment.  

 

At the end of the Section 21 notice  (provided you have served it correctly date-wise  - which is where NLA will be so very useful)  - he still does not have to leave. you must then apply to the court for possession  -  again, more forms to complete and a £150 fee to pay.  The court will give you  a date for him to leave, and even then, he does not have to leave  -   if he  does not leave, you must go back to court and ask for a Bailiffs warrant  (£95)  - the court will give a date and the bailiffs will then have him out on the pavement.     All this takes some few months  (unless the court/bailiffs are exceptionally busy - in whihc case it could take several months).

 

i would issue a Section 21 (accelerated possession) and once he is out (provided you have an address for him) take him to the small claims court for back rent and court costs   - the court MAY order that his employer takes this money from his wages directly

 
 have you got his deposit in a deposit scheme ?  

 

Hi Clottie

Yes the deposit was handled by the estate agent and is being held in a deposit scheme.

The procedure you describe, is that what's known as the Accelerated Possession Procedure using Court Form N5B?  If so, I've just read about it on Landlordzone and I think that would be my best option.  A Section 21 was issued on 12th Jan by the Estate Agent.  It was sent to the tenants by post.  I know they received it because the boyfriend rang me.  Is that good enough?  I don't have any proof of posting but I do have a copy of it.  

 You mention a Section 21 (Accelerated Possession) - is that a different document to a normal Section 21?

Thanks for the advice on the NLA - it sounds like a good option.  I was reckoning a solicitor would cost the best part of £1,000.  To be honest I'd prefer to handle this myself so that I can learn  how it all works in the event that I have to do again in the future.

Incidentally, how do people get addresses for tenants they have evicted so that they can take them to court for the back rent, costs etc.

Its so annoying that our hands are so tied and the law is so stacked against us landlords.  We should get together and lobby parliament to get the laws made fairer.  My estate agent believes the tenant was actually given the advice to stay put until he's evicted by the council or the CAB.

I understand your point about not contacting his employer.  But is there anything stopping me from doing that once he's evicted and out of my hair?

 

 

 

 

 

 

 

""My estate agent believes the tenant was actually given the advice to stay put until he's evicted by the council or the CAB.""

 

of course he was -  housing policy in this country is downright wicked  -  tenants cannot be re-housed (if they claim they are homeless) until your bailiffs arrive.  If they leave before then, they are deemed as having made themselves voluntarily homeless and will not be re-housed. 

 

""how do people get addresses for tenants they have evicted so that they can take them to court for the back rent, costs etc.""   -  with great difficulty. 

 

""It was sent to the tenants by post.  I know they received it because the boyfriend rang me.  Is that good enough? "   -  part of your court bundle will be a document called "Proof of Service"   - a contemporaneous record of your conversation with him immediately after he received the S21 should form part of that proof.