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Tenant not paying rent

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I have a property and have an agent to manage. AST of 12 months was signed in May 2016. No deposit or rent had ever been collected. Knocked at the door for 10s of times, never had an answer. Seems lik…
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1m, 1w agoPosted 1 month, 1 week ago
I have a property and have an agent to manage. AST of 12 months was signed in May 2016. No deposit or rent had ever been collected. Knocked at the door for 10s of times, never had an answer. Seems like some activities inside the house but seen no one. Informed the police but being ignored as there is no proof of any illegal activities. Agent suggested for an eviction but I heard that it can cost a lot and very time consuming.
What are my options? I am desperate and have already lost 8 months worth of rents. What is the quickest, easiest and cheapest way to vacate the property? Anywhere I could make a claim? Any suggestion would be most welcomed. Many thanks.
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1m, 1w agoPosted 1 month, 1 week ago
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(1)
Some agent they are. Are you paying them for not collecting your rent.
You will have to go to court, there are 2 methods , the high court being more expensive but a lot quicker.
Here is the gov link and advise on evictions.
https://www.gov.uk/evicting-tenants/eviction-notices-and-bailiffs

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#1
Unfortunately I think the only legal way to get them out is eviction. Court and solicitor costs I'm afraid. Enforcement officers can go and collect unpaid rent but that's going through the courts etc
#2
Some agent they are. Are you paying them for not collecting your rent.
You will have to go to court, there are 2 methods , the high court being more expensive but a lot quicker.
Here is the gov link and advise on evictions.
https://www.gov.uk/evicting-tenants/eviction-notices-and-bailiffs
#3
Why did the agent let them in in the first place with no deposit or upfront rent. I'd consider taking the agent to court as well.
#4
Why on earth did you not collect a deposit or allow this to go on for so long??
#5
They now know you're soft and will just take you for a ride at your expense
#6
Send in the sheriffs ! Definitely fault lies with the agents here .
#7
Firstly I would check your paperwork regarding your contract with the agent as it sounds as if you might have a case against them for breach of contract.

Regarding the eviction this can be done either by Country Court (cheapest and slowest) or via the High Court (more expensive but much, much quicker).

You can deal with this yourself or pay a firm to handle it on your behalf, but this will double the cost. I think a DIY county court writ of possession will cost about £800 or if you want a high court accelerated possession you can add about £500 to the cost.

I hate to be a negative nancy but be prepared for further costs of getting the property back into rentable condition as well. One of the benefits of a High Court possession order is no notice is given so the property is less likely to get vandalised, where as if you go via the County Court they might take umbrage and vandalise the property as they are kept in the loop with via letters from the courts.

Edited By: dozstanford on Jan 17, 2017 23:26
#8
You won't want to hear this, but the quickest and least overall cost may be to pay the tenants to leave promptly. Eviction requires a very precise procedure likely to take minimum 2 - 3 months; just one technical procedural error will cause further delays and additional cost. The investment in formal legal advice and assistance should repay itelf via minimising further lost rent and making the property available for paying tenants in the shortest time.
One observation: what management relationship do you have with the agent? Even for tenant-find only, it seems unusual that keys should be provided prior to receipt of the combination of deposit and first months rent.
#9
So what were you thinking- oh you seem nice, no seriously put your deposit away pay me when you are ready yeah cheers!?
#10
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
#11
Are you absolutely sure that agent is not keeping the cash?

It does happen. Example

http://www.surreycomet.co.uk/news/9051590.Lettings_firm____owes_money_to_landlords___/

Hardy prosecuted and found guilty last month.

Edited By: dothedealnow on Jan 17, 2017 23:36: more info
#12
I can't offer advice in this situation, but in future just handle things directly with the tenants, the estate agent does NOTHING except obtain the tenant for you, why should they get hundreds a month for doing NOTHING, just post on gumtree or local shops etcs. Any problems they call you anyway they handle NOTHING except money, in this case im surprised they didn't even do that since they get the money take their cut and pay you.

How desperate can you be, you've waited 8 months without noticing! anyway this isn't about telling you off I hate estate agents!
#13
If you and some 'mates' physically throw them out then I'm sure the police will not be ignoring you then.
#14
Sounds like you are shafted unfortunately. I and my husband are buy to let investors and my husband had to evict a tenant a few years ago from a flat. It was a lengthy process.

Did your contract have a deposit clause? Some posters have suggested why the agent did not take the deposit, but not all contracts take depsosit. Some dont.

Your agent should have taken the first month's rent before giving the tenants the keys so you probably can take them to court to claim the month's rent from them but i doubt you will have much as their fees are normally 6 weeks of rent anyway so you may even owe them money. You need to consult a solicitor to evict the tenants via section 8 notice where you can claim unpaid rent and obtain eviction notice.

My husband did the legal stuff himself but he works with contract law all the time so he is up on these things, whereas if you have no knowledge, it will be easier to consult a solicitor as the quickest way to resolve this. It will be expensive as you wont be able to claim legal costs. It will take around 3 months to get the eviction notice then this can drag on if they dont leave and you need to bring in bailiffs, incurring further fees.

This is always the danger for this business so you always have to be very careful who you let to.
#15
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO

No don't do that.

You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
#16
Niz
I can't offer advice in this situation, but in future just handle things directly with the tenants, the estate agent does NOTHING except obtain the tenant for you, why should they get hundreds a month for doing NOTHING, just post on gumtree or local shops etcs. Any problems they call you anyway they handle NOTHING except money, in this case im surprised they didn't even do that since they get the money take their cut and pay you.

How desperate can you be, you've waited 8 months without noticing! anyway this isn't about telling you off I hate estate agents!


​You sound experienced. How many do you let?
#17
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
#18
kay1992
If you and some 'mates' physically throw them out then I'm sure the police will not be ignoring you then.


​Great advice
All that will do is possibly get the OP a criminal record.
#19
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?


​You get arrested.
#20
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO

No don't do that.

You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)


​Another person who can't afford his own place, never mind a buy to let!
#21
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
Unless the tenants have already changed the locks and if its a modern door all you need to do is put the key in the lock on the inside to stop it being opened from the outside.
#22
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?
#23
dothedealnow
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
​Another person who can't afford his own place, never mind a buy to let!

I have my own house. Thanks for your input (or lack of) :)

Edited By: GAVINLEWISHUKD on Jan 17, 2017 23:56
#24
Who is paying your water/electric & council tax bills?
#25
rhinopaul
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
Unless the tenants have already changed the locks and if its a modern door all you need to do is put the key in the lock on the inside to stop it being opened from the outside.

But you have given notice and have a legal right to access so you can get a locksmith to open it. Then as you take the door they can't change it again.
#26
Andaho
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?
I think that was for industrial premises plus a squatter is someone who moves into a property without any contract being applied in the first place.Plus is civil law not criminal law they are breaking.
#27
Are they not doing an illegal act by not paying the op? Isn't that theft? Why are police ignoring this? Oh right I forgot, innocent until proven guilty. Never mind the fact it's all happening right in front of your face!
#28
GAVINLEWISHUKD
rhinopaul
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
Unless the tenants have already changed the locks and if its a modern door all you need to do is put the key in the lock on the inside to stop it being opened from the outside.
But you have given notice and have a legal right to access so you can get a locksmith to open it. Then as you take the door they can't change it again.
Afraid not, you still have to get a court order.
#29
You have to go through the courts. County court takes longer, so the High court would be your best bet. Don't go trying to get them out yourself. That will not work. Watching several episodes of nightmare tenants, slum landlords taught me a lot of things. Some tenants will even try to take you to court, so be very careful. Go to the high court, then the bailiffs
#30
I was just reading this: http://www.propertyinvestmentproject.co.uk/blog/landlord-changes-locks-to-keep-scumbag-tenants-out/

It made me think, If they haven't kept a copy of the tenancy agreement, or if you enter your property and throw out all their stuff, hopefully including their tenancy agreement, how would they legally have a leg to stand on in claiming they were renting the place? - you could claim they were squatting in an empty property?... oh, and I looked up squatting too...

"Anyone who originally enters a property with the permission of the landlord is not a squatter, eg if you’re renting a property and fall behind with rent payments you’re not squatting if you continue to live there."
#31
Andaho
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?


​Only the courts have the power to order an eviction. If you as a landlord do not follow the process you will be in big trouble.
#32
GAVINLEWISHUKD
dothedealnow
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
​Another person who can't afford his own place, never mind a buy to let!

I have my own house. Thanks for your input (or lack of) :)


​So you have some intelligence, good. please stop posting absolute tosh then!
#33
GAVINLEWISHUKD
rhinopaul
GAVINLEWISHUKD
srp111
get a few of your mates together . go round kick front door in and throw them and any furniture out.
cheeky gits oO
No don't do that.
You write a letter saying when you will be round to inspect the house. You then turn up in a van with some mates. You go in (tenant will be there) and remove both front door, back door and all the opening windows in the house (will take 10 min). Then just sit and wait. Police turn up (tenant will call them) they say nothing they can do. Then just wait. They will go pretty quick in Jan. Even in the summer they will go as you can't leave the house unattended or sleep. :)
Unless the tenants have already changed the locks and if its a modern door all you need to do is put the key in the lock on the inside to stop it being opened from the outside.

But you have given notice and have a legal right to access so you can get a locksmith to open it. Then as you take the door they can't change it again.


​if the AST is in effect only courts can order eviction. please stop.
#34
kay1992
Are they not doing an illegal act by not paying the op? Isn't that theft? Why are police ignoring this? Oh right I forgot, innocent until proven guilty. Never mind the fact it's all happening right in front of your face!

They have broken civil law, not criminal law. If you go in and physically throw them out, then you will be breaking criminal law and as the previous poster said, you will end up in jail and you can forget getting the property back as it aint gonna be easy to take someone to court when you are in jail yourself!
#35
kay1992
Are they not doing an illegal act by not paying the op? Isn't that theft? Why are police ignoring this? Oh right I forgot, innocent until proven guilty. Never mind the fact it's all happening right in front of your face!


​Because its a civil not criminal matter.
#36
dothedealnow
Andaho
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?
​Only the courts have the power to order an eviction. If you as a landlord do not follow the process you will be in big trouble.
It seems like a messed up law, how tenants have so many rights, and the landlord seems to have none without the expensive process of taking the tenant to court... But I suppose if you have enough money to buy to let, then you have enough money to take them to court :S
#37
Spot on. All the folks posting on here about illegal entry, changing windows, locks, squatting etc need to get a grip and stop posting massively unhelpful rubbish!
#38
Letting it go on for 8 months sounds like a HUGE mistake... If it was me, I would have started the ball rolling to kick them out after 2-3 months max!
#39
Andaho
dothedealnow
Andaho
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?
​Only the courts have the power to order an eviction. If you as a landlord do not follow the process you will be in big trouble.
It seems like a messed up law, how tenants have so many rights, and the landlord seems to have none without the expensive process of taking the tenant to court... But I suppose if you have enough money to buy to let, then you have enough money to take them to court :S

The law in the uk is really wrong when it comes to eviction. In the us it is fairer and quicker to evict someone who does not pay rent. The law in the uk protects the tenant and it only protects the landlord if he proceeds to court. He can not take matters into his own hand, even though it often feel you should do so.

I had a friend who rented a flat out but then it got sublet to eastern europeans and he did not get the rent. He decided to go round and sort them out himself with a baseball bat. Except he ended up being chased by the tenants. Lol X)
#40
Andaho
dothedealnow
Andaho
dothedealnow
Andaho
Interesting topic... What happens if you just go round, break in, throw all their stuff outside, and change the locks?
​You get arrested.
but they are essentially illegally in your house? aren't they the ones breaking the law for the criminal activity of squatting? - that was recently made illegal wasn't it?
​Only the courts have the power to order an eviction. If you as a landlord do not follow the process you will be in big trouble.
It seems like a messed up law, how tenants have so many rights, and the landlord seems to have none without the expensive process of taking the tenant to court... But I suppose if you have enough money to buy to let, then you have enough money to take them to court :S


​Correct. It works well most of the time. its also called a civilized society with probably the most well thought out and tested legal system in the world.

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