UK Landlord Forum / Life

The tenant in my property has been there for five months, and I have never had a penny from her, not even a deposit, only lies (very convincing lies) and promises. I have sent texts phoned etc, but she won't answer the door or communicate in any way. Citizens advice said to serve a section 21, and as no money has changed hands I can throw her possessions out,  I don't know if this is correct advise, but it should be from there, but that doesn't seem to be throwing her out. My last tenant was brilliant and this is her best friend who l already knew, and that's why I trusted her, what a mug. Can you please give me some advice as to what I can do. Thank you

Did your AST have an initial fixed term? Was that AST actually signed?

I would assume so, and I might assume it was 6 months... if so, after 5 months - nearing the end of the fixed term, serving a Section 21 would be a good, guaranteed, way of getting the Tenant out... eventually.

If not, then you are looking at a Section 8 and one of the Grounds regarding rent arrears. Look this up... http://en.wikipedia.org/wiki/Section_8_Notice - Ground 8 would give mandatory possession.

You handed over the keys to your house without even taking the first month of rent and a deposit up front???

I, personally, think CAB's advice is incorrect. Always be careful when the spectre of illegal eviction is around.

I know what your saying about deposit and a months rent in advance. My last tenant was brilliant, and she said she would move out before Christmas last year and that her friend who I knew would move in if that was ok, but she decided she needed to stay for a few months longer. This was fine, but it was only when a friend of mine phoned to tell me that my previous tenant had moved out, this one had moved in, and had been in a month, and no-one had been decent enough to inform me of the change. thank you for your reply 

That's very bizarre advise from CAB. I'm with HIPPO, I don't think their advise is correct. It doesn't matter if money hasn't changed hands, she's still a tenant, so she's protected by her statutory rights.

You could serve a section 21 and section 8... and then decide which route is the best as the time gets closer.

I've just been through the eviction process.  I used a solicitor and it took about 6 weeks for possession order to come through telling tenants they had to be out by 30th September.  They didn't budge!  Once this date passed I had 2 choices: bailiffs which would take 12 - 20 weeks to get them out or a high court enforcement company who guaranteed to get them out within 7 days!  I opted for the second and would highly recommend this route!

Thank you for that advice it`s really helpful, and I will do that.   

Hi Harry,
CAB seem to be well and truly wide of the mark here. Happy to help if you want to PM me

Just beware of small HCEO bailiff firms offering 7 day services. These are likely to without the proper legal transfer and could end up costing you in damages.

Unfortunately a few of these firms are doing these and it is only a matter of time before landlords start facing big legal claims from their former tenants and the councils that rehoused them 

Sound advice from the Sheriffs office.
We have been made aware of this issue ourselves by perspective clients who seem disappointed when we explain the correct transfer process through the High Court. They seem further dismayed when we explain that this process and subsequent execution of a writ of possession is likely to take longer than the 7 days total "Guaranteed" timescale they have been promised elsewhere.