UK Landlord Forum / Life

Hello

I have a very young couple in my rental and every month I have to remind them to pay rent, I have asked them to do a direct debit.

The house has a parking bay shared with the neighbour and they are parking in his part of the bay. Today I had arranged with one of them
to bring a builder round to get an estimate for a bit of plastering and his car was there but he didn't let me in, and the van was still the neighbours space.
I was phoned a while ago by a neighbour to tell me about all this parking and I feel its not my problem but when I go round and see it I get involved. There have been screaming arguments about it.
I only have the one property and have always got on with my tenants but I realise I have not been professional enough

I protected the deposit late and want to evict them, can I issue a section 21?
Whats the best way to go about evicting them? am worried what they will do
Can I get the police involved with the parking?

I am a bit worried what they will do if I evict them, I don't want to be more stressed.

Thanks for any help.

Did you issue the prescribed information when you protected the deposit?

Police won't be concerned about a private land parking matter.

Are  they on a periodic (month by month) tenancy now and out of their fixed period?

What are you worried they might do?

Thanks for reply,

Yes I gave them all the information and told them I should have done it before now and they were ok about it.

Thought so about the police just making sure.

They asked me for a year when I renewed after the first 6 months. I gave them a year but added that should either of us want to end the tenancy agreement we could at any time with 6 weeks notice.
The parking problem has been happening for a while, and I don't know what to do about it. They are causing too much trouble
and I want them out.

Number of things...

A Direct Debit won't help you... that's for companies to take money from your account. You want them to set up a Standing Order. If you're telling them to set up a Direct Debit, no wonder they can't... they must be as confused as you regarding this aspect.

You're, at least, being fair to yourself in admitting you may not have been professional enough.

It sounds, to me, like they have another fixed term... is that correct? They initially had a 6 month fixed term, then they asked for a year and you agreed to that?

If so, then - no - you can't evict them via Section 21... not until the end of the fixed term.

I am not sure how you agreed that should either of you wish to end the tenancy agreement with 6 weeks notice. It's certainly doesn't sound legal... for instance, you can't evict them the way you're wanting during the fixed term anyway, but even if you tell us you're outside the fixed term, and it's periodic, then you can't evict with 6 weeks notice.

Can you do a reset for us reading?

Provide proper dates and information about what your tenancy is like right now?

For example - first 6 months signed on 01 Jan 2014, then another fixed term of 12 months agreed on 01 Jul 2014, meaning they have a fixed term up until end of Jun 2015? Or something like that?

Parking is nothing to do with you as a Landlord. The Tenants must resolve the situation with the neighbours, or the other way around. It's literally got nothing to do with you... you should resist getting involved. Who would the neighbour have to complain to if they owned the property? Not you, right? You say you feel it's not your problem - you are correct. Rest easy on that aspect at least. You are not the parent of your Tenants (or your neighbour).

Of course its a Standing Order, stupid me.

The 1st 6 months was from March 14th 2014 - Sept 2014
Then 1 year Sept 14 2014 - Sept 2015

I just wrote a clause in the lease saying either of us could end the agreement with 6 weeks notice ! so probably as you say not legal.

Thanks

No, not legal, I'm afraid.

They appear to be within a fixed term. You can't use a Section 21 to evict them for a few months yet. Your only avenue (and even this might not be available to you) is Section 8, which is much less certain and can be defended (on certain Grounds) etc. so is not as recommended.

Unless, of course, you could obtain agreement from the Tenants to go. However you might go about that would be entirely up to you. (nudge, nudge, wink, wink)

You could issue them with a Section 21 for the end of the fixed term... it might focus their minds. It is a tactic I have used in the past and although it has the potential to go wrong I have been lucky, in that is has stopped the late / sporadic payment of rent (which I hope continues). It kinda depends whether they think you are a soft-touch and they want to stay on... if they don't care about that, then they won't care about the Section 21 for some months hence. Bit of a gamble...

If you do, just make sure you're all clean on the deposit front.

Thanks Hippogriff

When you say clean on the deposit do you mean protected?
I did this late only month ago.

I just spoke to her, she said she would do a standing order but she is rude to me and does my head in.

I am going to give it a few weeks and then do one of your suggestions.
They also got a mastiff puppy without asking me, I would have said no, too large a dog, so thats another reason I want them out.


Thank you so much for all your help

Hi
Does the tenancy have a break clause?

The 6 week notice could be interpreted as there is no need for a break clause, so you issue an S21 ending in 8 weeks, you include a covering letter saying that "in accordance with clause 7 of the tenancy agreement I enclose your notice that I require possession blah blah blah, this way you kill two birds with one stone.

Only the first 6 months are assured and a follow up tenancy for substantially the same property means that you are not breaching housing act, he might argue that you are in breach of contract but by exceeding 6 weeks you are complying.

NOW, the big question is

Did you serve the PI in the proper way with all the T's crossed and I's dotted?

Because if not, there can be no S21 issued.

I would download the PI form but also the tenant leaflet that explains it in plain English from the DPS website and give it to them by hand and by email.  Ask them to sign a copy of the document but if they will not, simply note the date and time you gave them the chance to sign.

There IS a risk that they get some advice and take you to court for not protecting the deposit or issuing them with PI, but that might happen anyway.  What you know is that tenants like this will not respect your property so best to let them go and just accept it may cost you money.

You might want to see if there are any section 8 clauses that might apply, e.g. if you decided to move back in due to a separation with your partner, of course you move back out again and reconcile after they are gone.

S21 is no fault, there may be antisocial behviour terms in your lease, so use them if required.  People who tend to disrespect others often do things like not get their tax (they want to keep the car off road) if you get the number place, colour and model of the van you can go to the DVLA website and check if it is taxed then if not report that to the Police.

I would contact the neighbour and have them call the Police to say that there are public order offences being committed or about to be committed as a result of this person parking. 

If someone parked in my bay I would let down their tyres as a very minimum, then when they got angry and accused me of it I would call the Police and have them arrested for public order offences (threatening me etc).  I would of course never admit I let the tyres down and I would have a string of calls from me to the Police every time this person had threatened me or been agressive.