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Notice period for evicting tenant?

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-Tenant moved in New years day under oral agreement -Agreement was fortnightly rent -No length of tenancy, just that it would be on a fortnightly rolling basis -Now 8 weeks rent accumulated over ti… Read More
mnc365 Avatar
5m, 2w agoPosted 5 months, 2 weeks ago
-Tenant moved in New years day under oral agreement
-Agreement was fortnightly rent
-No length of tenancy, just that it would be on a fortnightly rolling basis
-Now 8 weeks rent accumulated over time and not paid

-Want the tenant evicted and also want the rent paid?
-What section/notice would I use and what would be the notice period?

Many thanks.
mnc365 Avatar
5m, 2w agoPosted 5 months, 2 weeks ago
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Best Answer
Does the tenant have any assets / job? If the tenant has little capacity to pay arrears, you will accrue a chunky legal bill to enforce eviction with little chance of recovering the arrears and legal fees and you will have lost rental income during the lengthy period it takes to enforce the eviction. It might sound bizarre and this suggestion will be a lead balloon for some, but the cheapest solution may be to offer the tenant an incentive to voluntarily vacate by an agreed prompt date, possibly by way of an £xx lump sum payable on a mutually agreeable formal tenancy termination date. Then you can let the property promptly (with proper documentation / procedures) and receive some income that you would otherwise have likely lost whilst waiting for eviction. Do not stall the legal process though. If it is timed right, your concurrent ongoing legal costs will be minimised, but prompt action will still be available to you if an incentivised arrangement fails. Take competent advice whatever you decide to do. Good luck.

All Responses

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Responses/page:
#1
You need proper legal advice, as doing it wrong puts YOU in court, and not the scumbag tennant.

Do you have landlords insurance?? They should have a legal advice hotline.
banned#2
give them a letter to move out, sometimes it's easy then sometimes it's hard. I'm afraid you may have to keep the loss rent from the deposit.
threat them with bailiffs
#3
It's not as easy as that. You need legal advice and support not just now but through the whole process.
#4
I work in the courts.because you legally have no documents as a tenancy agreement. u haven't got legal back up.the judge would throw your case out.sorry.u could try but the tenant doesn't have to pay u because u didn't have the legal stuff in place.best off try to get some advice off a solicitor.
#5
You need proper legal advice, as doing it wrong puts YOU in court, and not the scumbag tennant.

Do you have landlords insurance?? They should have a legal advice hotline.
#6
I thought it was 2 months notice to leave. I understand that they owe you rent but by the time you pay for the legal side of eviction you might as well just cut your losses and have them out in 2 months. If it does go to court be extremely careful as there is no written tenancy agreement so there is no proof of rental price, date rent is paid, tenancy length and it could blow up in your face.
#7
I am a landlord and I have evicted a tenant before myself through the courts. As your contract is verbal it is a little less common. As far as I understand it then goes on evidence of rent payment to establish contract. You will need a solicitor as evictions are never straightforward and yours is particularly tricky because of the verbal contract.
#8
mutley1 above makes some good points. The real problem with a verbal contract is that one party will say one thing and the other party will say something else.

Read these 2 links
https://www.citizensadvice.org.uk/housing/renting-a-home/information-for-landlords/
https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

but I fear your starting point is not a good one
#9
Thank you for all your answers.

The main issue is really the periodic tenancy thing. What would be the notice period, 2 months or 2 weeks?
#10
Put a stab vest on and a go pro on your chest and go round and tell them they have 1 hour to leave.
banned#11
sofiasar
give them a letter to move out,

Bad, bad piece of "advice"
banned#12
mnc365
TWhat would be the notice period, 2 months or 2 weeks?

More than likely 2 months.

Contact http://www.landlordaction.co.uk
#13
mnc365
Thank you for all your answers.
The main issue is really the periodic tenancy thing. What would be the notice period, 2 months or 2 weeks?
From the second link I sent you
In all cases you must give your tenant written notice, usually at least 2 months, of your intention to regain possession.
but the complexities are much more than this.
My work can sometimes involve me in such matters from a tenants point of view - but landlords also. Gaining possession can be a very messy business even when done properly.
#14
Does the tenant have any assets / job? If the tenant has little capacity to pay arrears, you will accrue a chunky legal bill to enforce eviction with little chance of recovering the arrears and legal fees and you will have lost rental income during the lengthy period it takes to enforce the eviction. It might sound bizarre and this suggestion will be a lead balloon for some, but the cheapest solution may be to offer the tenant an incentive to voluntarily vacate by an agreed prompt date, possibly by way of an £xx lump sum payable on a mutually agreeable formal tenancy termination date. Then you can let the property promptly (with proper documentation / procedures) and receive some income that you would otherwise have likely lost whilst waiting for eviction. Do not stall the legal process though. If it is timed right, your concurrent ongoing legal costs will be minimised, but prompt action will still be available to you if an incentivised arrangement fails. Take competent advice whatever you decide to do. Good luck.
#15
Do you have to issue a Section 21 form?
https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Edited. No you can't use that as you have done the tenancy verbally

Edited By: patti on Nov 04, 2016 18:50
#17
Best forum for advice is landlord zone.co.uk/forums/residential lettings. Yours is a very complicated set up and if you are inexperienced you should see a solicitor.
#19
verbal means you can chuck the tenant out anytime
#20
MR1123
verbal means you can chuck the tenant out anytime

Errrrr....NO! Read my link above.
#21
mutley1
MR1123
verbal means you can chuck the tenant out anytime
Errrrr....NO! Read my link above.

read it. i stand by what i said :p
#22
MR1123
mutley1
MR1123
verbal means you can chuck the tenant out anytime
Errrrr....NO! Read my link above.
read it. i stand by what i said :p

Well, i would like to go round with baseball bats but of course i couldnt stand by that :p
#23
mutley1
MR1123
mutley1
MR1123
verbal means you can chuck the tenant out anytime
Errrrr....NO! Read my link above.
read it. i stand by what i said :p
Well, i would like to go round with baseball bats but of course i couldnt stand by that :p

lol
#24
tear gas and shock & awe ;)
#25
MR1123
mutley1
MR1123
mutley1
MR1123
verbal means you can chuck the tenant out anytime
Errrrr....NO! Read my link above.
read it. i stand by what i said :p
Well, i would like to go round with baseball bats but of course i couldnt stand by that :p
lol

I had a friend who did just that. He got so fed up with the tenants not paying rent for 6 months so he went round with a baseball bat to threaten them, except when he got there, he found around 12 burly eastern europeans in the flat and they ended up chasing him with his base ball bat. Lol.
#26
haha
banned#27
DAMNOME
Put a stab vest on and a go pro on your chest and go round and tell them they have 1 hour to leave.


lol. he would end up in jail instead
#28
You haven't said (or have you?) if the tenant is sharing your premises or living in another property that you own? If the former, then it'll be very easy to get rid of them..
#29
it will be two months notice which means January. it becomes more complicated if children/ vulnerable are involved.

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