How to get a tennant out......HELP!!!?

Question

We have rented a house out for the past year and have given the tennant 2 months notice, she is a DHSS tennant and we get money through her not the council. Her cheque bounced this month and rent is now nearly 3 weeks late. We have received a text today saying she has spoken to her support worker and has decided we can use the deposit as this months rent.

We are fuming! How dare she communicate by text and then try to use the deposit which is to cover any wear/tear or damage to the property!

She never answers the phone and is never in if we go round. We are selling the property so need her out wiht as little trouble as possible, she has never paid her rent on time either!

Any idea's? Anyone been in this situation before and can help get her out swiftly?

Please help me!

Answer 1

Contact social services. I doubt if her support worker would say this. Ring them up and just as for the duty officer - there's always one on call at your local social services. Also citizens advice may help. This could end up needing legal help too as eviction isnt easy.
If she has a support worker she obviously has problems and the support worker needs to intervene on this.

Answer 2

I hope you've now learned why you don't take in DSS tenants!

I can understand why you're angry. I would advise that you speak with her support worker if possible, or if not, with the council, to find out how you go about getting her to pay this month's rent, because you're right, it's not acceptable that she has told you to use the deposit as rent. It's most unlikely that the support worker did say this to her in the first place.

If you've already given her two months notice, then just wait the time out because as other Answerers have already posted, the eviction process can take several weeks so it's unlikely that you'd get her out any quicker than that anyway. On the day the two month notice is up, IF she isn't gone, simply change the locks and throw her stuff into the street. Without refunding her deposit, if you ever do manage to get this month's rent.

I had a friend who lived in a sharehouse but the tenancy was in her name rather than that of all the tenants, so she was the one in trouble if the others weren't paying the rent. When one of her housemates didn't pay for a couple of weeks, she changed the locks and sold his TV and PlayStation on eBay! Hehehehe. Not saying that you should do this - this was an entirely different situation because if you're in a sharehouse and your name isn't on the lease, then you've got no rights whatsoever. Your tenant has rights.

Answer 3

Difficult situation. Firstly she has legal rights. To have her evicted is a long and costly process that can take up to 10-12 weeks as least. You have to prove that she hasn't paid on the due date.. and any arrears. If she has a support worker then she has either a medical condition or mental health issues. She will be protected. Contact the Council first to ask if this money can be paid directly to you. When did the rent last go up? If she has the lease for a month, year whatever you are obliged to fullfill her contract. So is she!

Arrears are serious. The Council will take a dim view if she is using money that they gave her for something else and they will ask for it back. They might take her to court themselves. So not all black.

Answer 4

My tenant never pays up on time either and thinks its one of his lesser priorities. Its not her decision as to whether the rent is paid from the deposit - the deposit is held for any damage noted on her moving out, and its quite possible you may need that money for exactly the same reason. You could take her to the small claims court if this is the case - oh, the wonders of renting! Been there - done that - and now selling each property as it comes empty because I'm sick of being taken for a ride for tenants!

Answer 5

If she is reliant on housing benefit that could explain her rent always being late as local authorities aren't noted for their timely assessment and payment of benefits! She can't use her bond as rent, that is correct. You could do with seeking legal advice as evicting a tennant is not easy and tenants rights are extensive! It may be an idea to consider using a letting agent to handle your property in future that way they deal with the hassle of rent arrears and have Housing Law at their fingertips! Please do not follow the example given by "Manchester" below, this tactic would get you into such serious trouble! Your tenant is protected by a 1977 act called "protection from eviction". The only legal way you can evict a tenant is for thepurpose of redeveloping the property or it is required as the home for you. PJ-Mark1 (below) raises this as an option but it may not legally stand up if you have a second home. Get to a solicitor! Do it right and protect yourself.

Answer 6

i replaced into in simple terms grew to develop into 23 when I had my first daughter, the 2d said a three hundred and sixty 5 days later. regrettably their father desirous to do a runner. I then had yet another new child with assistance from some different person. i'm particular I sound like a slapper/ nightmare/ dole scrounger. yet i'm no longer. i purchased an ex council living house. I artwork finished time, i'm getting no help, except the occasional evening off even as my father and mom have my youthful ones. i replaced right into somewhat snobby about council residences, yet i'm now very proud. and they are equipped so a lot more advantageous powerful than different residences, on the muse that the council doesn't could pay out to fix them. i'm loving it! x

Answer 7

There are laws that protect both the tenant and the land lord. I know of a few decent sites for Illinois law, so check around for your state. It's a royal pain, and a lengthy process, but you do have rights to evict people that don't pay rent...Check your local laws & good luck

Answer 8

Contact the DHSS and inform them of the situation.Go to the CAB they might help.
It will be a bit of a bind,call at the house every day,at different times and you will catch her
You could even post a notice on the door.

Answer 9

In Washington state we have LTS (landlord tenant service) Before I server an eviction notice I contact this service. They do everything just according to the law. Their rates are very reasonable and they will have the Police set them out on the sidewalk in three weeks. The cost is around $600. This is much cheaper and better way to go. Hope you have this service where you live.

Answer 10

A lot depends on the Tenancy Agreement. I am puzzled by the statement you make that the tenant pays you directly. I know this happens but you would be wise to speak to the DW&P, advising them of the situation.
Now, you asked if I had similar experience, Oh yes indeed.
I had a Medical Doctor staying in a flat I owned. The Tenancy Agreement said he was the only person who could reside there. I found out he was cohabiting with a rather undesirable woman, so one evening, my Wife & I let ourselves in and when the couple arrived home at 12.30 a.m. I turfed them both out, there and then. The place was a tip and I retained his £200 deposit. No problem.