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Evicting my tenant

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Author Topic: Evicting my tenant  (Read 67 times)
Posts: 1

I like property

« on: February 02, 2020, 12:41:52 PM »

Hi, I have had a tenant in my house for 12yrs and I now want him and heís children out so I can do building with to sell it, the house is in my brothers name as he owns the house but I act as the landlord for him and collect rent etc, so as far as the tenant is concerned Iím the land lord, would this matter? Anyway, he has known for the last year or so what mine and my brothers intention were about selling the house, I gave the tenant plenty of notice to say when I was starting the extensive building work and agreed a reduction in rent for any inconvenience which he was happy with,  all the work so far has been external and has not really been any inconvenience to the tenant, But I now need my tenant out because the builders will ready in 2 months to knock through into the house to start the next stage of gutting the property and start to knock walls down Etc, so would be impossible for anyone to live there, Iíve always given my tenant plenty of notice as and when all works are carried out and heís been ok with it all, but now I need him out I gave him 2 months notice that I need him out by the end of March 2020, so on the 29th Jan 2020 I served him with a section 21 form 6a along with an EPC, gas safety Cert and a how to rent guide, all of which he signed and we both had copies, I also served thus by email and all was amicable, in the last day or so he has said he canít pay the next 2 months rent because he needs to save for the deposit for the next place he moves to, I said  thatís not my problem youíve known for over a year that at some point in that year that you would have to leave, he said he canít afford it and I should get the bailiffs to throw him and the children out, so I have agreed to let him not pay this months rent and I will return heís deposit when he leaves and that will be enough for heís new place, so now he has agreed by email and text that he will leave on the 5th of March, it has only just come to my attention that the letting agent who he signed up with when bust/ran off  just a few weeks after my tenant signed with them which is over 12yrs ago, I assumed that the agent put the deposit in a protected scheme, but Iíve now found out in the last week that they didnít, where do I stand? I strongly believe that he wonít adhere to our agreement and wants me to get the bailiffs to throw him out so he can get housed by the council, and I will loose the rent he hasnít paid etc, and potentially I havenít served the section 21 form 6a correctly?  Where do I stand? What can I do? I must have him out by end of March otherwise  builders can start the next faze of building and if the builders have to stop work while I try and evict him that the builders will pull off the job and I wonít be able to get them back, please can you help/advise? Bano
Accidental Landlord
Jr. Member
Posts: 71

Just trying my best

« Reply #1 on: February 02, 2020, 01:57:31 PM »

You've got several issues here that each need to be evaluated on their own and together. The first thing would be checking what sort of tenancy you have and the names on them. I believe it does make a difference who actually owns the house since he would be the legal owner and Landlord unless there was a management contract with an agent who would therefore serve the notice on his behalf. Even if you manage it, it depends who was named as the Landlord on the original tenancy agreement and any subsequent tenancies afterwards. The type of tenancy affects how/if eviction can be done.
The current deposit rules and regulations came out more recently than 12 years ago, please double check that because it has all sorts of implications for where you stand now.
I do know for certain that it will be not be quick to evict these tenants and it sounds like you need specialist advice.
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