Friend of mine has a tennant who he wants to evict him because he's not paying rent, Is there any ways he can throw him out. And does it make any difference if he did'nt make an agreement beforehand.
2007-01-20 04:57:59 · 12 answers · asked by dj j 2 in Business & Finance ➔ Renting & Real Estate
Oh dear - yes, it does matter if there was no agreement. I think it makes the process more complicated.
Your friend needs legal advice - but tell him not to be tempted to just chuck the tenant out, he could end up in prison.
2007-01-20 05:03:20 · answer #1 · answered by Hello Dave 6 · 0⤊ 0⤋
it is easier than it seems.
even though there is no tenancy agreement the tenant still has rights so you have to do it properly.
Go to your local county court and explain that you want to evict someone-they will give you a form. fill it in pay the £90 or so and they will send an official letter. this should be enough to spook the person into moving out.
If it doesn't things get more complicated and expensive. You will have to think about employing the services of a bailiff to move the person for you! although you may be able to claim costs back off the tenant that is another incredibly long process.
Good luck
2007-01-23 09:04:07 · answer #2 · answered by kelly f 4 · 0⤊ 0⤋
An answer previous of mine describes a way to really get in trouble. Turning off the utilities is call "constructive eviction," and is a good way to get a large judgment against you. Bleeding heart, liberal judges love nothing more that punishing slumlords.
Here is an easier way.
Just go to the guy, and talk to him. Don't get confrontational. Just tell him that you have to pay the mortgage or you will loose the property. If the tenant can't get current he will have to go.
Act all upset about having to do this. Tell the tenant they have to get out now, so that it can be rented again quickly. Usually you can talk them out of the place in about a week.
If you get confrontational, they will dig their heels in and fight just to fight.
If after a week you can't get them out, then approach them again an deliver notice.
Another option, and inexperienced landlords balk at this, but PAY them to leave.
Offer them their cleaning deposit in full if they are gone by the end of the weekend. It is legal to do this, and it gets them out without destruction of the property.
Good Luck.
2007-01-20 08:24:48 · answer #3 · answered by A_Kansan 4 · 0⤊ 0⤋
I tried every decent way to evict a nice man and his family. None of it worked. So I asked the Unilities company to shut off the electicity and water. They did so, putting a seal on each one.
The tenant broke the seals, was charged by the Utilities company, arrested and put in jail. The family left and went to welfare shelter.
I got my house back. My lawyer blamed me for the problem, saying I should always check the (1) employment of the prospective tenant, the (2) References he gives when applying for tenancy and(3) the credit rating of the prospective tenant.
So if your tenant has a job and people say he is reliable and the credit company says he always pays his bills, then you are safe to rent him your house.
2007-01-20 07:18:58 · answer #4 · answered by Anonymous · 0⤊ 1⤋
you are walking into a minefield if you just kick him out you might just have the biggest load of trouble dumped on you do it right and you wont be sorry give him notice that his tenancy will not be renewed stating the reason give 30 days if he has not moved take it to magistrates court and seek eviction proceedings
even if he had no tenancy contract once you let him move in and accepted rent then he has rights
2007-01-20 05:15:40 · answer #5 · answered by albertwilson2572@btinternet.com 3 · 0⤊ 0⤋
he has to give him written notice that he wants the property back within a certain time period. if that doesnt work he will have to go and see a solicetor and write a more formal letter if that doesnt work he will have to take the person to court to have him removed this does take a long time especially as there is no contract. if he gets forceful with the tenant and breaks the law it wont help him in court he must stick to the law. the tenant has sqotters rights.
2007-01-20 05:04:26 · answer #6 · answered by NICOLA G 2 · 2⤊ 0⤋
If there is no written contract, i.e. a Short Assured Tenancy Agreement, I would advise your friend to go to The Citizen's Advice Bureau and seek their help.
2007-01-20 05:03:41 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I think if there was no signed agreement the tenant cannot turn against your friend and if the tenant does not want to leave your friend should turn to the local authorities. No one has to put up with someone he does not want
2007-01-20 05:04:01 · answer #8 · answered by dominique v 1 · 0⤊ 0⤋
serve notice to quit.give 28 days to pay rent in full or to get out.
If not then County court and make a claim for rightfull possession
2007-01-20 09:49:45 · answer #9 · answered by kenjinuk 5 · 0⤊ 0⤋
County Court for a repossesion order. I know, they did it to me...
2007-01-20 05:05:28 · answer #10 · answered by welchy56 2 · 0⤊ 0⤋