UK Landlord Forum / Life

Hello Folks,

Via my solicitor, my long term, extremely bad (relating to long term payments etc)tenants were served with Notice to Quit etc. They are a couple with 5 young children.

Despite the Notcie coming to term and the local council finding them alternative accommodation, for which they have the keys, they remain in my property. The council states that they can do nothing.

The property is in Scotland and about 3 hours South of here. The tenants refuse to communicate and never response to any phone calls, letters, emails etc.

I can't afford to undertake any legal proceedings as the 'people' living in my property have already cost my family and I much grief and unaffordable debt to deal with them.

Without having to go to the expense of extortionate solicitors again (!) - can anyone advise what we can do to get them out?

Many thanks folks 

Do you know for cerain they have keys to another property care of the local authority?

If so, do you mind if I ask how you know this information?

It seems odd to me that they would want two properties? 

Are the water/electric/gas supplies accesible from outside?

Have you visited in person?  I try to maintain good communication with my tenants on a personal basis, it reduces the tendancy to "play games" and lie as they are actual facing the person.

Legally, you need to go via a court for a possession order and a court order to evict them.  You should be able to instruct this at the court yourself without the added expense of a solicitor.

You may need to double check the legalities involved for Scottish tenancies.

http://www.edinburgh.gov.uk/downloads/926/landlords-advice_and_support

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/grounds_for_eviction_-_assured_and_short_assured_tenants

http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_assured_tenants

http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article1663.asp

Speak to shelter...

Hi there,

Many thanks for your response and information Very much appreciated.

The Housing Section of our local Council confirmed that they were given the keys to their new property last week.

I'm suspicious that they had other people staying with them, so it may be the case that they wish two properties to accommodate those others. At the very least (and not wishing to mention more on this) they treated us disgustingly and going by past records would take great joy in moving out as slowly/gradually as possible to annoy us.

The water/gas/electric points are all within and it's a top floor flat.
 
We tried to maintain good communication with the 'tenants' always. However, they defaulted, more than paid rent and when we (politely and patiently) asked them when they were going to pay any rent, they suddenly refused to acknowledge or make any contact, despite various, courteous efforts by ourselves, by whatever method - indeed, their Legal Aid solicitor told us that we were instructed via him not to contact them. The property is approximately 3 hours drive from us. Neighbours in the block are keeping an eye on the property for us and confirmed last night that they remain resident and that there is no sign of them moving out. I drove down to try go speak to them, but obtained no answer at the door.

Many thanks for the advice Re: Court for possession order. Hopefully, as you say, we can do this ourselves

Thank you again for the links and advice - much appreciated

I think the best route would be to obtain a posession order from the courts, it will cost money, but not as much as it would for a solicitor to do the same job.

They sound like a nightmare!

If they are housing other people, and you can prove this I'm sure it will aid your eviction case.

Failing that, bide your time just as they are, I suppose it'll boil down to the cost in the end ie lack of rental income for x months v lack of rental income plus court costs for hopefully fewer months.

Not a great situation by all accounts.

I also find their legal aid solicitor rather strange a) for being instructed so quickly when in rent arrears and b) for advising no direct contact (I believe usually reserved for harrasment which doesn't appear to be the case here).
I would be tempted to enquire with alternative solicitors whether this is common practice to instruct a landlord not to contact thier own tenants who are in rent arrears and possibly sub-letting.  I presume this would be in favour of you dealing direct with the solicitor?

I can't find any information to support this advice, so maybe raising the query through the legal ombudsman could be an option??

Hi Firefly,

Once again, sincere thanks for all of the advice Very much appreciated.

In retrospect, although they are in every conceivable way a mightmare and I wouldn't wish them on my worst enemy, I made mistake number 1: I felt sorry for them and let them in - and they abused that with gusto! Never again. I only wish that I could warn all other Landlords out there about them, but....

Thank you once again