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Tenant who stole items from my attic, should I evict them?

Started by Trappy, June 30, 2015, 02:56:06 PM

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Trappy

Hello,

I've searched the previous posts but feel that nothing really helped with my situation. 

Firstly, I know I should not have stored personal items in my attic while renting the place out, I had nowhere else to store my things.  I'm a landlord who has tenants and a lettings agency who are managing the property for me as I'm not around much and work away from home frequently.  The tenants have paid rent every month, except once when they said there was a death in the family and needed time to cover the rent.  For that month the lettings agency covered the rent and I received the same amount as usual and then they paid thereafter.
I have an inspection report done by the agency every so often and I noticed some items in the photos of that report looked really familiar, they belonged to me and were stored in the attic (artwork, curtains, various other memorabilia).  I had stored some of my belongings in the attic and there were 2 padlocks on the entrance to it, the tenants were informed that they are not to go into the attic, it was prohibited.  When i notified the agents, the tenants admitted that they had broken into the attic, had forgotten that it was off limits and broke both of the locks to get in and helped themselves to whatever they wanted.  Since then, they had put everything back (so they claim) and placed 2 new locks on the entrance to the attic and provided keys.
I managed to go to the property a short time later and clear my things out and assess the situation.  Every single box had been opened and it was obvious that all of my artwork had been hung around the place (they are smokers), there were items damaged and some items were simply not there any more.  I took all of my things out and left. 

I have already served the Section 21 notice and the date on when they should have left has already passed, they are still there claiming that they cannot find somewhere else to live and are continuing to pay the rent.

I am in 2 minds whether to pursue this through the courts and take the next steps of a summons.  The tenants (through the agency) have said they are sorry, want to stay and are willing to pay a higher rent to be able to stay).  I'm wondering if it will be expensive to get them out, and they have not missed one payment of rent, they also paid this months rent after the section 21 notice expired.

I would like to know what other landlords think, what would you do in this situation.

Thank you

Hippogriff

The trust... is gone.

They'll resent paying the higher rent... in time.

boboff

What's to ask?

You asked them to leave, they must now leave. It's not an option to keep paying the rent and stay because they want too.

I would want to be upgrading the consumer panel or finding a leek in the water supply, necessitating cutting of the power and water about now...