2006-11-01 05:08:31 · 17 answers · asked by howieow 1 in Business & Finance ➔ Renting & Real Estate
there was a documentry about this not long ago, and this guy has basically been squatting in this guys house for 10 years, the bloke has tried to take him to court but because the man pays (every now and then ) some of the rent they cannot have him removed by bailffs (they are trying to change this though) ... so you need to be careful ... talk to citizens advice and see where you stand, maybe accepting half payments will go against you evicting them, but the citizens advice and council will be able to tell you your rights ... if you do take them to court to get them removed it is a lengthy process, so it might be best to try and resolve it in a way to suit you both.
Good luck on this one, it's a toughy
2006-11-01 05:14:23 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Under grounds 10 & 11 of Schedule 2 of the Housing Act 1984, having any rent due and/or persistantly paying rent late are both descretionary grounds for eviction.
You will need to serve a section 8 notice on your tenants (this is best done through a solicitor as it must follow a prescribed form). 14 days after the notice is served, you can apply for a court order. At the court hearing, the judge will decide whether or not to issue a possession order (usually courts will side with the Landlord despite popular belief).
Assuming a possession order is granted, your tenants will be given 2 to 6 weeks to vacate the property (usually 2 weeks but extended under extreme circumstances i.e. severe financial difficulty or if there are children involved).
Once their time is up, you can apply for a court bailiff to evict them if they do not leave.
The whole process can take a couple of months depending on court availablilty.
Good luck!
2006-11-02 05:06:16 · answer #2 · answered by Lewiy 3 · 0⤊ 0⤋
There is so much missing information in your question. Do they have a lease? Is there a clause about this? (there should be) Most leases that I've seen say that you are in violation and will be charged a late fee if the entire rent is not due by a certain date. It should also state that if the entire amount is not paid in cashiers check or money order, then they are in violation and a 5 day notice will be issued, starting the eviction process. You should consult with a lawyer about how to follow all the laws involved in this, it is very complex. It also depends a lot on the city/state ordinances.
2006-11-01 05:18:17 · answer #3 · answered by marie 7 · 0⤊ 0⤋
No. If you accept it, they will get away with it. Give them written notice that you will not accept less than the full amount starting on X date. And stick with it. If you give them an eviction notice later and then take ANY money, you will have to start all over. If they attempt to pay only part DO NOT ACCEPT it. You do not have to do so and as I said it will mess you up in court. Some people know this and will do it on purpose. Have some backbone tell them to pay up or get out.
And this advise is just friendly Q&A, I am not attempting to practice law without a license. Talk to an attorney in your area.
2006-11-01 05:14:55 · answer #4 · answered by tonks_op 7 · 0⤊ 0⤋
No they can't. They must have signed a contract with you which says they will pay a certain amount. You have the right to demand that amount or get them out. Only problem is, they can claim squatters rights while you get a court order to get rid of them. You are entittled to evict them but it's messy and time consuming. You have to work with the police and they aren't very fast.
2006-11-01 05:26:53 · answer #5 · answered by jeeps 6 · 0⤊ 0⤋
No they cant. I am assuming they signed a tenancy agreement which is written proof that they have agreed to pay rent. If you have written to them or tried to contact them and given them reasonable notice for doing so etc then you could take legal action against them, serve them notice to quit. Have they given any reason for only paying part rent?
2006-11-01 06:12:13 · answer #6 · answered by caz111175 2 · 0⤊ 0⤋
If you have a tenancy agreement with them, then they have to stick to it, if they don;t you can take them to Court to repossess your property............... if you do not have an agreement then you have problems and any contract is verbal and this can be your word against theirs. You will have to take advice from a solicitor I'm afraid................... his costs are tax deductible though....... as long as you are declaring the rental income to the tax man!
2006-11-01 05:16:14 · answer #7 · answered by Robert B 3 · 0⤊ 0⤋
No. I hope you`ve only got them on a 6 month tenancy!
2006-11-01 05:13:18 · answer #8 · answered by The BudMiester 6 · 0⤊ 0⤋
Not really. If they were in severe debt then maybe, but I would be very worried. Take legal advice quickly.
2006-11-01 05:13:42 · answer #9 · answered by patsy 5 · 0⤊ 0⤋
no if they dont pay the full amount you can take them to court and you can ask them to leave the house dont stand for it make them pay
2006-11-04 06:49:42 · answer #10 · answered by taz 3 · 0⤊ 0⤋