The myth that landlords can evict at a moment’s notice

Reply to the comment left by hitesh Kotadia at 14/11/2019 - 12:22
Hi HItosh, yes it is very costly and the future doesn't get brighter I'm afraid

Reply to the comment left by The Forever Tenant at 14/11/2019 - 12:06
I agree with Luke P. - your first suggestion would be welcomed by most landlords. However it would need some modification to obviate the risk of tenants gaming the system by entering into an initial six-month tenancy, when the landlord cannot serve notice to quit until four months have passed, then never paying any rent beyond their first month in advance. Quite a few landlords of mortgaged properties could be bankrupted by losing eight or more months' rent plus bailiff charges and probable repairs and cleaning costs followed by a void period before a new tenant moves in.

Reply to the comment left by Luke P at 14/11/2019 - 12:46
Tenant is not required to leave until a court order has been made and enforced (Housing Act 1988).

Reply to the comment left by christine walker at 14/11/2019 - 10:28
CCJs make it harder for T in the future, and warn other LLs.

Reply to the comment left by Michael Barnes at 14/11/2019 - 18:50
We know. A tenant was suggesting a possible approach.

Courts do not make things easier, especially where i live where they have closed one court leaving just one county court to deal with evrything. My saga started September 2018, i and my wife were living abroad whilst she tended her sick father, when the lease was up and we were still abroad i agreed to extend for a year with no rent increase. On the end of the following yearthe tenat was notified and the company issued a section 21. I was letting to a company who specialised in sub letting to people on Benefit. At the end of the notice she had not made any objections and so the company applied for a court date. Another month went by and then the court notified that the tenant had objected to the s21, and a new court date was fixed for two months later. at that court hearing the judge threw out the s21 as he claimed that advance rent was really a deposit and that it should be in the depoist scheme. There had been no deposit asked for but as the tenant was a bad credit risk they asked for 5 weeks advance rent and indeed she never paid rent for the first five weeks. The company had never had this judgement before and when i asked why they did not just put the money in a deposit scheme they pointed out the financial implications. Instead they submitted it again hoping for another judge at that time idiscovered Johnson V Old where the court of Appeal accepted that when a tenant had a bad credit history then asking for advance rent was not to be counted as a deposit. They included this and after the second s21 notice had finished put this in their papers and other legal opinion and resubmitted for a court date. Another 3 months ensued whilst a date came up. by now it was april 2019. The same judge never bothered with thee papers and rejected it outright without a reason. All this time i and my wife were homeless , staying with relatives and friends. THe one good thing was the rent was till being paid. THis time the company placed the money in a deposit scheme and reissued the s21 at the same time formalising an offical complaint about the judge who we suspected knew the tenant as she was a legal secretary and had dealings with the court. However 3 months later they have still not had a court date. So whilst the tenant is sitting pretty in my only house , i and my wife have been sleeping in spare rooms and sofas while we wait. if we had some idea how long it would take we could rent ourselves even though it would cost more than the money we receive from the rental. it has now been over 1 year and 2 months and still no end in sight,.

The only way to resolve this is making it a criminal offence to not pay rent, damage property. Rapid possession should be allowed like with commercial properties. The laws are not fit for purpose. Why would any landlord want to evict a decent rent paying tenant who looks after the property, its the disgusting attitude of certain tenants who abuse the law which is 99% in their favour.

I started evicting a family in May 2018 because they were running a motorbike
car repair and salvage yard business in my garden. The neighbours complained and that is why I had to evict them and I was responsible if planning or environmental laws were breached. Once they received the section 21 notice they stopped paying rent. It was awful. I had to make sure I had all the right paper work for the last three years. Maintenance gas safety cert right to rent guide. I went paronoid. They said they had not received the notice or the right to rent guide. During the days at the end of the two month notice they went back to Poland but did not give the keys back. The neighbours told me they had left. They had a friend who was coming into the property to continue mending bikes. I think they thought they were would be evicted and he had his family in a safe place. They returned after a few weeks and I then had to take them to court and they tried to appeal too. At the court they bought their twins and tried to get the family into the court room for sympathy. The usher would not allow it. The judge told me I had won the case this was in November. They were supposed to be evicted a few weeks later but then somehow Christmas came and they do not evict over the holidays the bailiffs came in January. But then all their bikes and cars and rubbish was everywhere and in a locked shed that the tenant had the key to. They still continued to come in the night with his friends drinking. There was so much stuff I did not know what to do. They left cars on my drive too and you just cannot push a car into the road. I was nt sure about the law of tort as no one would tell me how long you must keep their possessions for I put a notice up to tell them they must take their things and they threatened to sue me for putting it up in a public place. Eventually after I month they took the things but it cost me around £1500to clear the garden. £2500SOLICITORS AND £7700 lost rent. The car and tyres on my drive were towed across the road to another private service road of the neighbours and caused havoc for them. After they had gone they wrote and asked for their deposit back and threatened me with lagal action. I wrote and asked them where they lived but they told me I had no right to know. The solicitor told me I should return it. And then go to small claims court to get my rent paid. The truth is that these people won't pay because they work by cash and favours and work under the radar of the system. Therefore they qualify for benefits and say they cannot afford to pay. The judge will make a plan of £1 a week.. I lost my eye sight with the stress and due to have an operation for the cataracts. I m 64snd this was supposed to be my pension as there is not one forthcoming from the state til I'm 66. Now I cannot work as my eyes are ruined. The rules relaxed in the last few years for better for tenants and you need land lord insurance. At the time in 2026when I got the property it was another new thing to have. ....

It sounds like there are a lot of crafty people out there whether Landlords or tenants and they tell lies too.

Reply to the comment left by Ll1210 at 20/11/2019 - 17:48
Maybe we should ban tenants, then there’ll be no need for LLs…problem solved.