UK Landlord Forum / Life

Hi all,

I started a thread a couple of months ago (Stressing me out). https://www.landlordforumproject.co.uk/landlord-advice-help/stressing-me-out!!!/  Well my problem is getting worse.
Long story short, I issued a S21 against my tenant which expires next week. Since the issue of notice, she has failed to pay any rent. I, therefore enrolled on the local council's 'Landlord Direct' scheme which payed me her entitled benefit... I have only received one months HB money and have learnt today that my tenants claim has had a change of circumstance and payments have been suspended. The council will not tell me what has changed as they're not allowed to. They told me to get in contact with my tenant (who is a nasty piece of work).
I got in contact with tenant who has advised me she isn't moving out on expiry of S21 and she'll see me in court. In the meantime, she is living in my property rent free. Surely that is classed as squatting. She is going away again soon for the weekend and I am so tempted to get my property back and change the locks. I am currently trying to sell the property as the renting game is just not for me...
She has caused us so much financial worry whilst she is off swanning it... I simply cannot afford to wait for a court order for possession. This is my only rental property, so I aint no property tycoon!!!
Any advise re changing locks/squatting would be appreciative.
Feel so destroyed (and skint)

Danny

danno82 - resist the temptation to do anything illegal. You must follow the correct procedure for eviction. You do not want to risk getting a criminal record as a result of this situation. You will succeed in the end... a Section 21 has no defence. Just take yet another deep breath and play this by the rules. You will get there. Your Tenant will be evicted. You will be able to move on. But do not set yourself up for accusations of illegal eviction. If you fall into this trap, it might be just what this Tenant wants.

P.S. - after you get your property back, and assuming there'll be arrears etc., you can exact your revenge (if that is the right way of looking at things) by chasing her for money, again through the proper process, to the extent of a CCJ.

Hi Danny,

I've been in the exact same position! It's the worst feeling, and the frustration of knowing that someone can get away with causing so much financial stress is unbearable. I stopped accepting DSS tenants a long time ago because of what happened to you- the sudden change in circumstances, meaning benefits being revoked. The local authorities are useless and don't give a damn, yet they expect landlords to house social housing tenants, when the system is so unfair/bad.

Anyways, the important thing is to resolve this issue ASAP.

Unfortunately, it's not classed as squatting. More annoyingly, the tenant has probably been advised to remain in the property by the council/citizen's advice. Your tenant is probably going to stay until a possession order is given by a Judge. You will get the possession order assuming the s21 was served correctly. I'm hoping the tenancy was coming to the end or in the middle of a periodic tenancy, and that's why you served a section 21 instead of a Section 8.

Hippogriff is absolutely right about going down the legal route- it's the best way to do it (especially if you served a section 21 on the correct grounds- you can't lose)! But I wouldn't count on recouping your money from someone that's had their benefits revoked. Best case scenario, the tenant will be ordered to pay back a few pound a month! But it's still worth pursuing, just for the revenge aspect.

I can't/won't endorse you changing the locks because it's NOT legal, and in theory, she could take YOU to court if you do that (crazy, I know). However, many landlords do it and get away with it, and it is a quick way to resolve the problem.

If you want professional help, I would talk a professional eviction service like http://www.landlordaction.co.uk/ - they will give you advice, and take the whole process over from you. In the grand scheme of things, eviction services aren't THAT expensive. Also, it's a lot more threatening/scary when a professional eviction service is sending the notices (even though in reality it's no more legal/threatening than you sending it)- but it might 'shake' the tenant and encourage an earlier than intended departure!

Good luck!!

Thanks for the advise and support ^^^

Deep down I knew what the correct (legal) thing to do is. Section21 was issued in the correct way. In fact I had to give her 2 1/2 months notice due to the dates of tenancy. How long does a court order take?
Also, out of interest, does anyone know what the punishment is for changing locks (illegal eviction) ?

Thanks again propertyfag and Hippogriff

Danny

Have a read of this... I just Googled it... http://tenancyanswers.ucoz.com/index/illegal_eviction/0-22

Thanks   

I'll be patient................. Another deep breath!!!

Also...

Trying to be helpful and optimistic for you... once you get the property back, I feel most property sells better with vacant possession, and the delay could work in your favour a little bit, as I hear that house prices are almost universally going one way... upwards. You can hopefully get out of the game, with a nice bit of cash, and put all this behind you.

Best of luck...