Tenant refusing to move out?

Gargamel

Gargamel

Inactive User
Joined
Mar 19, 2006
Messages
768
Reaction score
14
hi all, just seeing if I can pick anyone's legal brains (or landlord/tenant brains!)...

the tenant in my flat is supposed to be leaving this Friday - her 1 year tenancy agreement has come to an end and back in September I told the lettings agency that I didn't want to extend the tenancy and so they informed the tenant of this.

Now I'm hearing word via the lettings agency that the tenant is "speaking to the council" and "going to the Citizens Advice" to "decide if she's going to move out on Friday".

Flaming cheek!! "Decide"!??!?!

I reckon she's trying to do is get herself evicted on purpose so the council will have to house her and her kid. She mentioned to me a few months ago that she wanted to stop renting privately so she could get on the council housing list - so I think she might see this as a way to fast-track her way up the list.

Anyway my question is what do I do if she doesn't move out? What are my options? Any other DigitalWorldz ppl been in a similar situation??

Any advice would be useful. Thanks all.
 
From what I know if she does not move out on her own accord after the tenancy comes to an end you will have to go to court to get an eviction order, then you can have her removed.... until then, there is not a great deal you can do, changing the locks or similar would be breaking the law and classed as illegal eviction.
 
thanks mate - yeah it seems like it would just have to go to the courts.

i dont live in UK anymore either so i cant do things in person like going round to have a word with her or changing the locks anyway... and I pretty much have to rely on the letting agency to handle stuff on my behalf.
 
Can't she be considered as a trespasser?

Turn the power off.
 
Spectre said:
Can't she be considered as a trespasser?

Turn the power off.
Click to expand...

Nope, tenancy law is a barrage of loop holes :(


I agree with above though, leave her be over xmas.... it would take you at least 2-3 months to evict her anyhow, getting a court date, getting someone to represent you in court etc
 
Send roond the heavies.

Nah savour the xmas spirit and leave her be for a couple of months, then go to town on her ass. Probably a dole sponger any way.
 
Rs2k_Rider said:
Nope, tenancy law is a barrage of loop holes :(


I agree with above though, leave her be over xmas.... it would take you at least 2-3 months to evict her anyhow, getting a court date, getting someone to represent you in court etc
Click to expand...

Yeah funnily enough as the agency haven't found a new tenant for me yet, it does work out quite convenient for me to have someone for the next few months while the court stuff happens.

But if it comes to that, then that's just an unexpected side benefit - it's not about having a heart and letting her stay over Xmas - supposed I did have another tenant ready to move? Or if I came back to England and I wanted to move back in?? Then it would really be causing me a problem.

Like I said - one of her chavvy mates has probably had a word in her ear and told her that she can jump to the top of the council housing list by getting herself evicted. So this is what she's gonna hold out for.

She knew from September that the tenancy wouldn't be extended so it's not like this is something that I've suddenly sprung on her. I would have to start immediate legal proceedings if she refuses to leave on Friday as basically she'll be living there from that time onwards without a tenancy agreement in place and I need to cover myself as a landlord.

I've spoken to my Landlord Insurance policy people and they've said that I should call them as soon as I have confirmation on Friday that she refuses to move so they can start the legal proceedings.
 
I had similar issues in the past. Unfortunately the law is on their side. If you interfere with gas, electric, water you will be the one that ends up in court.

To evict you have to go through the courts. If they find in your favour they will set a date for when they have to move out by. Some tenants know the law well enough to know they only have to vacate one day before the date the court set and there is nothing you can do. They then move on to the next property and repeat the cycle.

If you have landlord insurance, that should cover the court costs.
 
Last edited:
people going on about Xmas spirit, is that what she's doing by refusing to leave? NO, so why should he? dont get me wrong I'm no Scrooge but she isn't really showing any Xmas spirit towards him by refusing to leave. On the other hand someone will be occupying the flat so maybe that's a good thing, but what happens when she does stay and decides not to pay?

no offence to anyone just my thoughts on this
 
Send in the heavys, kick her out who gives a toss that it's christmas, sick of tenants rights this and that,the fcukers, I had one who complained to the council that she did not have a gas certificate, they got onto me, the fat cow, if she owned her own home I bet the fcuker would not have one, I don't have one for my house.
They make me sick, stick them in metal containers stacked on top of each other, good enough for them.
 
where is the house? scotland or england. if its scotland you have to give 4 weeks notice in writing. you have to have proof of the eviction notice too. recorded letter is the preferedd method. also if u havent done this the tenancy is assumed. this means that a short term lease just runs as a long term rental agreement. if u have given 4 weeks notice in writing then your tennant has proof of an eviction notice to take to the social or housing office. the notice period is very important in scotland. im not sure of your options in england m8 as there is squatters rights etc. in scotland its notice to evict then cheerio. if u r not in the country who is dealing with the house and what are you going to do with it?
 
emarald said:
Send in the heavys, kick her out who gives a toss that it's christmas, sick of tenants rights this and that,the fcukers, I had one who complained to the council that she did not have a gas certificate, they got onto me, the fat cow, if she owned her own home I bet the fcuker would not have one, I don't have one for my house.
They make me sick, stick them in metal containers stacked on top of each other, good enough for them.
Click to expand...

gas certs are law m8, your public liability insurance is invalid if you dont have it. it only costs £40 a year by a corgi gas guy.
 
stefblak said:
gas certs are law m8, your public liability insurance is invalid if you dont have it. it only costs £40 a year by a corgi gas guy.
Click to expand...

I know and now have one, but not for my own house I live in, how many people do?, but these fcuker want everything,
she even complained that the boiler needs renewing as it was too expensive to run ffs, just leave you ungrateful cow.
 
emarald said:
I know and now have one, but not for my own house I live in, how many people do?, but these fcuker want everything,
she even complained that the boiler needs renewing as it was too expensive to run ffs, just leave you ungrateful cow.
Click to expand...

the thing is its law for a rented property not for owned accomodation. is the boiler working? then **** her. your responsibilty is to keep the house wind n water tight. the heating is working and safe. thats all the g'ment want u to do. the efficiancy of heating and boilers etc is not asked for.
 
just drill a hole in the wall and pass through a few rats and hairy arsed spiders an that and have your very own im a celebrity, get the fook out of there !!

she,ll soon be gone.
 
Surely she will end up staying there for free without any renewed tenancy agreement. Happened to my mate, they stayed there 2 months until thye courts sorted the eviction.
 
I deal with this sort of problem every day and would agree do not show any xmas spirit instigate legal action as soon as possible. If she dont pay that will only make it easyer to get her out so dont worry about that. I have on several occasions just waited for them to go out changed locks and everything outside in packing cases. Not once when I have done this have I had any trouble at all they just give in and go.
 
You must log in or register to reply here.

Similar threads

Ferret
    • Like
Qviart Dual 4k Uhd Linux Enigma2+Android 9.0 Combo Review & Setup Guide Experimental Box
Replies
15
Views
3K
Ferret
Ferret
bilabonic
New TV -What do i get, 65" -Time for the 20 year Plasma to go!
2
Replies
24
Views
1K
gez
gez
silverdale
WiFi extender
Replies
7
Views
512
silverdale
silverdale
trevortron
    • Like
Not in the mood
Replies
0
Views
245
trevortron
trevortron
miggy
    • Like
    • Haha
Calling all Admin
Replies
5
Views
420
miggy
miggy
Back
Top