xr3-keith

Im in need of some info and if anyone can help it would be great,

I currently rent out a place and i need to gain access urgently, the tenants who have only been the a only a few months have now stoped paying the rent, and are saying that it is not safe for them to live there so why should they pay rent.
The agent (who has been no help at all) is telling me that I need to get this issue sorted, however the tenant seems to be avoiding anyone going there.

What i need to know is, by law if i put it in writting to the tenant that i will be round at a said time on said date and if nobody is there i gain entry via my keys to sort this out,
I belive that this is right aslong as the tenant recives 24 hours notice,

as above the agent dosent seem to know (wtf) and seems to not to be bothered, as you can understand i need the rent money

Any help would be great, however is mainly the legal bit i need to know

Thanks

XRdodgybird

Is there nothing in the rental agreement drawn up between you what constitutes a breach by either party?

Have you at least been told why the premises are not fit for occupation?

martinmace

best thing to do mate is seek advice of the citizens advice bureau as they can tell you everything you need to know and its free advice, also you can give them 2 months notice to vacate the property if they have a contract from you. if they dont have a contract you can legally give them 1 month to get the fuck out.

XRdodgybird

It usually takes more than a month to get em out though..... that's the thing with tenants, get good ones you are laughing, get bad ones and you are screwed.

rssteve

your best bet is to hire a couple of heavies, get them out then occupie the place until you have someone else renting. Going through the courts will take months and cost you big money.

Maria.

You need to find out why they are making out the place is inhabitable?

Also the agreement you have with your agents, is it for them to fully maintain the contract? If so, they should be gaining access.

If not, legally you can give 48 hours notice to anyone livign in a property with your name attached to the deeds for you to have access. But you have to give them the choice to be present when you make that access.

xr3-keith

thanks for the advise,

on the 1st day the new tenants moved i i get a call "the new tenants cant open the garage" ok so i go get a new key cut and make the half hour drive there to find that the guy has sorted it but coulnd be arsed to let the agent know.

then a week later "the boiler isnt working" so again i go there with a plumber, out come is a new boiler is the best wat forard.
Book in a company to do the work, however the tenant is making it hard for the plumbers to go in and fit the new boiler

managed to get it fitted but the plumbers were rushed out the door, then a week later the dont pay there rent, ask the agent why the rent hasnt been paid, "well they are not happy with the boiler, they belive it is unsafe and have contacted corgi"

So rang the plumbers and said whats going on here, they have no idea, so it been 5 weeks now and the tenant have booked in the plublers and then canceled them at the last minute and are still not paying rent

yeah man, they have all been sweet up till now

as above I just need to get in legally and check the boiler out with the plumbers, i have also been told by the agent that they have had the alram activated and changed the code, but as i undwerstant it I can go in with my keys as long as i give notice, im not bothered about an alarm going off.

bigal1978

just do this

rssteve

why fix the boiler for them if there not paying. You must have far too much money, Get the cunts out and someone else in. There obviously going to be problematic for as long as there there. Open your eyes.

xr3-keith

had to fix the boiler as it was knacked, so would need to do this either way, havnt paid for the boiler yet as the plumbers have been really good about the issues here and have said they wont be asking for the money till im happy

Nath

Hmm, scumbags!

Kick them out NOW and don't show ANY mercy what so ever as why should you subsidise their living expenses at your cost!

As for the agency? Are they friends with them? Not worth using them if they don't manage it properly and throw the problem to you! Don't they do checks, etc, etc....

If it was me, they'd be out on the streets today, without a thought. Harsh but true....

My last 2 lodgers thought it'd be funny to take all the light bulbs, electrical fittings and some other silly stuff when then left. The silly buggers forgot that I had a Ł300 deposit from each of them. When they did realise and came back with bowed heads looking sorry for themselves, my dog accidentally throw his ball at one of them giving him a big shiner They left empty handed, wounded and as they'd put my down for a reference, homeless until they found a crummy bedsit to stay in. Justice

dojj

iTrader: (3)

your agreement is with the agent yes?
the agent will give you money yes?
the tennants are then the agents problem
tell the agent that they have 7 days in which to sort out the money THEY owe YOU or it's down to court

if the agents are charing you to supply peole to live in your property then it's all down to them to get the problems sorted

things are a little different in our neck of the woods where if the rent isn't paid and the tennats get all billy big bollocks about it, we employ some thugs to evict them and their posessions, soemtimes through a set of open windows, or provide them with an escort to the local a+e department after they've fallen down the stairs carrying a chest of drawers while moving house

sometimes you just have to do what you have to do, and if a few hundred quid will hire some burly removal experts then it's probably best to get them hired asap

COMEDY DAN

Smash them in the Cunt...................

Get some Bailiffs in and turf them out, as if the scabby wankers will take you to court.

fuck them..

Turbosystems

iTrader: (5)

it's summer why do they need a central heating boiler on ,sounds like they just don't want to pay their way in life.The joys of being a landlord

Jimboxr4x4

You can't by law - section 6 of the criminal law act - it is an offence to force entry to your own premises if there are persons inside opposed to that entry - crazy but try. These scumbags know that and will be first to call the old bill and you'll end up getting nicked.

The only legal way is to go through the courts and this can take months.

You need to act now and start the ball rolling and get them out. You'll loose a few months rent but the sooner they're gone the quicker you can get decent people in.

PM Geoffxr4 as he has quite a few places he rents out and can advice you as he knows the law on this well.

dojj

iTrader: (3)

cut off the gas, water and electric supply from outside and cite "unable to pay the bills" as the reason and see who long they last

you have no money to pay the bills, they aren't paying you rent, you have told them to let peole into the property to fix the bits that are "unsafe" and, as the boiler they are complaining about uses all 3 of these comodities, it's a health and safety issue

Elvis

iTrader: (1)

get some friends to go in when they are out,
and get them to say they are squatting,

nickscunny

iTrader: (1)

Stake the place out, arrive early morning and wait in an unknown car within view of the house. When you see the tenants leave for work/shopping/signing-on/whatever wait till they have gone and kick either the front or back-door in and gain entry. Turf all there belongings out in the street and get a joiner/handyman to replace door/lock while you and the plumber check boiler. After that turn all the water supplies off using the stop-cock and get the plumber to take of the tap handle so its permanently off. Relock your property and wait again in the unmarked vehicle. When the "tenants" return ring the police and say you have intruders in your property.

This is what my mate did with a house in Durham, i helped him turf all the crap out of his house while the tenants were away......

Jimboxr4x4

You can't do that either without breaking the law as its an offence to deprive a tenant of any supplies.

It's ridiculous but you can't do shit against a tenant unless you go through the courts. These scumbags know that and take full advantage of the law.

xr3-keith

thanks again as said all needs to be right, I know loads of people that will let them self in ect ect, but needs to be legal, will see what happens once the boiler is sorted, if they still dont pay then will look at other ways

dojj

iTrader: (3)

the house is insured right?
burn the fucker down

and when they ome running out of the burning house, put the flames out with cricket bats

although you could always tell them that you are going to send comedy dan round with his bottle of smelly stuff and pour in in through the letter box

Jimboxr4x4

Dojj, thats some great advice but he did specify it had to be legal. I guess the law's are a bit different in Southall - arson and murder are acceptable!!!!!!!

the benno

i rent a place out and written into the contract is if tenant is more than 21 days late with rent i can legally kick em out.
but i've got a smashing lady in there who gives us no bother what so ever

however if i was you i would deffo turf the fuckers out and change the locks ,deal with the legal stuff after

Chip

iTrader: (3)

If I rent a property out its always insured, so Id genuinely sooner go round myself and set fire to it than let someone mug me off not paying the rent.

Worst nightmare as a landlord, its normally the non payers that trash the place too!

Mate of mine had it go on for literally YEARS in a place he rented out, kept going to court and getting court orders saying they had to pay but never did, not sure what the deal was with evicting them, obviously contract wasnt good for some reason in that respect, but he simply couldnt find a way legally of getting them out, in the end he arranged to have them burgled a few times by some pretty nasty bastards, they decided to move out on their own after that.

Chip

iTrader: (3)

I bet even with that contract, if they can do what these cunts are doing and claim they have a genuine reason to withold rent, you cant enforce that clause!

the benno

you may be right chip
we all know law looks after the wrong people
i mean if you catch someone burgling your house and you give em a kick in you'd end up getting done

XRdodgybird

I was really lucky when I rented my house out, she was a friend of a friend.... always paid on time.

The best of it was... when she heard that I'd split from my boyfriend and was living back at home, she offered to move out and find another place as she said it was daft to have your own house and be living at home with parents... bless her...

XRdodgybird

Yep, know someone who's just gotten community service and a big fine for dropping some lads that he caught taking off with his stuff. They weren't still on his property at the time, but doubt whether this would have made a blind bit of difference...

Billabong

The tennants can't just stop paying rent, there are procedures to be followed if they feel the dwelling is unfit/unsafe.

As landlord, you have responsibilities as you know, and this also affords you (or appointed & authorised agents) a right of entry to carry out repairs, safety checks etc with 24hrs notice in writing (as far as I'm aware).

Get proper legal advice is the best bet, but you may get some help here:

http://www.landlordzone.co.uk/forums...isplay.php?f=3

tabetha

The courts are legal costly and time consuming, I wouldn't bother.
Pay someone to move in, if he chooses to beat up the tenants all the time they may choose to move out!!
tabetha

antony215

As said get yourself down the C.A.B But the only "legal" way to get them out is to go to court and that can take months and months and months It's fucking stupid really because as a landlord you have fuckall rights really when it comes to people who are bad tenants or dont pay the rent

Nath

If your insisting on going down the legal road, then be prepared to spend quite a few quid and don't forget to lube yourself up. Some of the above aren't legal but don't forget, your dealing with people with no morals who want YOU, to pay for the roof over their head!

dojj

iTrader: (3)

he's got a problem with the boiler
even though it's been fitted correctly and all that
who's to say they aren't bonker like dr may from eastenders and blow themselves up?
they won't let someone in to fix the problem so anythng could happen

and don't foegt that them moving out legally i up to them in the forseeable future

xr3-keith

thanks again people, as i have said what i need to do 1st is to make sure the boiler install is good and done to the standard it should be, once I know that the is no problem with it I will then sort out them not paying the rent

mk1 martin

when there out plant shit load of drug's in the house call the plod wait an see what happen's ....just an idea ..us in devon jus drive our tractor's through there house ...

vinnyvangough

You would though buddy

dojj

iTrader: (3)

assuming you can get someone in to have a look at it, that's a perfectly reasonable way to go about things

geoffxr4

Hi, there are a lot of mixed replies from ppl on this thread. Obviously everybody thinks they’re right and the best bet would probably be to seek professional advice. My opinion is as follows:

The only legal way to gain access to your house is through the courts.

Regardless of whether you have clauses in your agreement or are claiming emergency access etc, this will not stand up in court. Any unauthorised access, or indeed harassment or any kind is a criminal offence. If you take the advice of some on here to send the heavy’s round to ‘evict’ them, whilst undoubtedly making you feel better this will likely result in an injunction first with the court ordering you to allow the tenants back into the property. Failure to comply on your part could potentially result in imprisonment.

Avoid doing anything that could be considered harassment which includes some of the more creative suggestions such as turning water off etc. Whilst ingenious in the short term, you’ll pay for it in the long term. If you suspect things will get messy then avoiding the property altogether is probably good advice. Why take the risk of a long and messy route if they want to cause trouble. If they are not receptive to your inspections then tell them that you will have no choice but to start proceedings for possession. Make sure you keep a log of everything including access requests etc, dates of missed payments, what you tenants are saying / claiming etc.

My advice is to start proceedings immediately.

Firstly I suggest you serve a section 8 notice in the prescribed manor citing grounds 8, 10 and 11.

Regardless of the repairs situation they are not entitled to withhold the rent, and in this case the grounds for eviction (the condition of being 2 months behind on the rent) are mandatory which means the court MUST grant possession to the landlord, the court has no say in it.

If the tenant reduces the rent arrears to below 2 months before the court hearing then the mandatory grounds (ground 8) are removed. Grounds 10, and 11 are only discretionary. Therefore I would also suggest serving a section 21 notice requiring possession separately and without prejudice to the section 8, set to expire at the end of the fixed term of the tenancy agreement. This means that even if the section 8 fails then you will have served them notice to quit when the tenancy agreement expires and prevent it rolling automatically into a periodic tenancy.

Ideally the section 8 would be the best option as this will grant you possession of you property, even if the tenancy agreement hasn’t expired, and additionally the courts will award you the rent arrears.

Section 21 is the back up if the section 8 fails, and needs no grounds to support it, but a separate claim for the rent arrears will be needed and you must wait until the end of the fixed period.

In the long run it will be in the tenant’s best interests to settle any arrears or court judgements as they are unlikely to be able to rent a place again with any outstanding judgements against them. I would also recommend obtaining national insurance numbers as a matter of course. If the tenant ignores any court order to pay it is possible to return to court and obtain a court order requiring their employer to deduct arrears from their wages and pay you directly.

xr3-keith

nice 1 mate

from what i have found out today, in order for me to gain access to my property all I have to do is either hand them a letter giving 24 hours notice, or send a letter recorded delivery with a weeks notice, I am then allowed to go in and if they have changed the locks i am allowed to break them lol

so I will be droping a letter round there tomorow with my letter

geoffxr4

Looks like you've been advised on how to give notice, not on whether you have a right of access.

Unfortunately in this case you don’t have a legal right of access as it seems quite clear that your tenant is not giving their permission. I'm not saying its right but the law is also there to protect the tenant from unscrupulous landlords and they have a right to a quiet enjoyment of the property. Regardless of what it says in the tenancy agreement about access for repairs etc this is all under the assumption that the tenant gives permission. If the tenant withdraws that permission, as in this case, then your right to enter is also removed.

Of course most tenants wont withdraw your right to enter under reasonable access clauses as the logical outcome would end in eviction for said tenant. But who knows where these people come from or what goes through their minds...

As said it's also totally unreasonable for them to claim the boiler is unsafe but not allow you inspection access. They are playing a game and if they know the law then you should tread carefully. Your only legal approach is as above, of course the illegal approaches are probably more fun but will be more expensive in the long run

And if u do break in and change the locks then get ready for the tenant to take the piss out of u in court... the advice you have received regarding that is simply wrong