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How to evict late-paying tenant?

(5 Posts)
Popple Tue 14-Jun-11 22:25:02

My lovely friend is having some trouble with her tenant and I would be really grateful if someone with experience is able to give some advice.

Now, this is a slightly complicated matter as my friend is letting out her property through her brother who is a letting agent. Unfortunately she has a very bad relationship with her brother as he has a history of lying, stealing, aggressive and abusive behaviour. She felt pressurised by her parents to 'give him a chance' and, needless to say, she is regretting her decision very much now.

Her tenant works within the brother's office at the agency and the tenancy is supposedly managed by his company in that he told my friend he would take the deposit....although she has no evidence of this which seems slightly off. The confusing aspect is she actually signed a private agreement with my friend so really it isn't the responsibility of her brother at all.

The tenant has now been late with the last four (and first four) payments - 2/3 weeks late every time and on each occasion my friend has had to knock on the tenant's door and take away the cash following weeks of wrangling.

The reason her tenant is always late paying is because her snake of a brother is not paying the tenant her salary on time. In fact, we think he is veering in and out of near bankruptcy on a very frequent basis.

However, this is not my friend's problem although she is a kind soul and has been sympathetic to the tenant. My friend is taking a sabbatical and has a round the world trip booked which means she needs to be absolutely sure before she leaves that a standing order has been set up and the mortgage will be paid on time.

The tenancy is a six month tenancy and expires on the 31st August. From hunting around on the Internet, it looks as though she would need to issue with a Section 21 order to evict her from the property on that date. Would anyone be able to advise on the proper steps to take to do this or advise what the best course of action would be?

Alternatively, might she be able to transfer this tenant to a new letting agent who will manage this properly? Are they unlikely to take it on if they know there are problems already?

Please, please help as I am so worried for my friend. I have been trying to build up her confidence to confront her brother about the deposit and late salary payments but she really is unable to do this. I've also encouraged her to speak to the tenant but she doesn't want to do that until she knows what she wants to do. I'm just worried that this will ruin her trip and she will end up with a repossession order if she doesn't sort it out now.

Thank you if you have got through all of this! smile

nocake Wed 15-Jun-11 12:31:06

If she wants to keep the tenant but transfer to a new agency she needs to find an agency and give notice to the old one. The new agency should be able to help with the legal stuff. They will also contact the old agency about the deposit, which should have been put in a deposit protection scheme.

If she wants to evict the tenant at the end of the tenancy she needs to issue a section 21 notice with two months notice. The only issue she might have is if the agency hasn't protected the deposit as I think that's a requirement of using a section 21 notice.

susiesheep2 Wed 15-Jun-11 14:18:12

Hi, a good friend of mine works at a company who specialise in this, and they actually had to evict my mums last tenant www.legal4landlords.com it doesnt take as long as you think x

Popple Wed 15-Jun-11 15:10:07

Thanks for your answers both of you. That's really helpful.

Does she have to tell the new agent about her previous troubles? I knwo the answer morally (!) but just wondered legally.

MrsGuyOfGisbourne Fri 17-Jun-11 11:02:36

She can also get advice from the Reidential Landlord's Association - joining fee i think is about £70 - they have a uesful advice line and inof on this sort of thing. For the future better to go to a reputable agency - this tenant sounds like she wont ahve a job soon, so better to to start afresh with a new properly vetted one.

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