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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To evict my tenants?

191 replies

iloveeverton · 11/10/2011 18:17

We rent a flat to a couple who are having a baby end of January. They have a six-month contract that ends at the same time.

The rent is always late and underpaid each month.

I want to serve notice to leave at the end of tenancy. Dh thinks it's unfair due to baby arriving at the same time. I have allowed then to pay weekly and they will be given two months notice.

Dh thinks they will have nowhere to go and I'm being heartless. Am I?

OP posts:
smalltownshame · 11/10/2011 18:55

This reply has been deleted

Message withdrawn at poster's request.

SnapesMistress · 11/10/2011 19:11

If they stay while court proceedings are ongoing to evict them can you get them to pay rent for that time?

smalltownshame · 11/10/2011 19:18

This reply has been deleted

Message withdrawn at poster's request.

Ripeberry · 11/10/2011 19:19

Why are they not paying? Do any of them have a job?

FabbyChic · 11/10/2011 19:19

Once it gets to two months overdue you can evict for non payment of rent.

I would do this it will cost you but it will guarantee they will be out.

Original poster
iloveeverton · 11/10/2011 19:23

Thanks again everyone.

They both left jobs as soon as they moved in to try and start a business which has failed.

I will look into the NLA.

Never wanted to be a landlord we just couldn't sell the flat when we moved so made it buy to let.

OP posts:
EllaDee · 11/10/2011 19:25

Yes, I think you are being perfectly fair. They must know being late with rent is liable to end in a non-renewed tenancy. FWIW, I rent.

Original poster
iloveeverton · 11/10/2011 19:25

I have sent two written notices of rent arrears.

OP posts:
YesMaam · 11/10/2011 20:26

YANBU.

You have a solicitor so take your legal advice from them as they are using accellerated possession proceedings for ending Assured Shorthold Tenancies (google it) - your solicitor has drawn up a s21 Notice which gives two months notice and will utilise these proceedings, rather than the slower proceedings under a s8 Notice for rent arrears.

When the court considers the claim depends on how busy the court is but it is usually fairly quickly (4-6 weeks of the issue of proceedings).

Once the court actually considers the claim the max they will give for vacating is six weeks (NOT SIX MONTHS), but normally it is two weeks unless they can show exceptional circumstances, but you can add a couple of weeks onto that for the bailiff to execute the warrant of possession.

Of course the couple could delay the excution of a warrant by making a claim to stay or suspend it but it isn't likely to be successful unless you have lots of properties and can absorb the arrears.

Sadly, and completely wrongly IMO, most councils do ask people who are threatened with homelessness to sit tight until a court order is made and a baliff appointment is given.

So in normal circumstances and if you act promtly, they should be evicted about 4.5 months after you serve the s21 Notice.

TheOriginalFAB · 11/10/2011 20:29

I have a feeling you might not get any more money now you have said you are not renewing their lease.

hatchypom · 11/10/2011 20:43

Do they get housing benefit ?

nickynoodles1 · 11/10/2011 21:12

I was just about to ask the same thing, if they do, when/if they have 8 weeks arrears contact your local Housing Benefit office and ask for payment to be made direct to you because of the arrears.

PeneloPeePitstop · 11/10/2011 21:15

Yeah gwan.
Don't expect them to actually leave until you have to get bailiffs to get them out though. That'll take months.

breadandbutterfly · 11/10/2011 21:25

Shame on you. Hope someone makes you homeless just when your baby is due. But warning you first, so your unborn child can suffer 2 months of stress hormones.

Nice.

breadandbutterfly · 11/10/2011 21:26

And yes, YABVU.

hobnobsaremyfavourite · 11/10/2011 21:31

so the OP is running a charity bread? Hmm
OK OP wait until the baby is 21 years old and then you may evict your tennants and tough if you haven't received a penny in rent since 2011 you've done the "right thing " according to a poster on mumsnet

BrEEEKOutTheKaraoke · 11/10/2011 21:36

Breadand butterfly- why should the OP have to suffer? She has just said that she can JUST manage to cover the mortgage. I know if I was having another child, I would see it as the number 1 priority that my child had a safe, secure roof over there head. And I would definitely prefer a couple of months warning to a couple of weeks!

OldLadyKnowsNothing · 11/10/2011 21:38

It can hardly come as a surprise to the tenants that their lease is not being renewed.

aquashiv · 11/10/2011 21:47

What steps have you taken to deal with the late payments? I had one tenant who initially was late a few times but when I explained to her why we needed to pay on time and what the penalties were for me and her if late she has been brilliant. I would try and see if they can get their act together first or is it too late for that?

MumblingAndBloodyRagDoll · 11/10/2011 21:59

How about threatening them with eviction? To see if it gets them to sort the rent out.

Hulababy · 11/10/2011 22:00

breadandbutterfly - so the OP should have to keep these couple in her house whilst they pay her no rent? How is the OP supposed to pay the mortgage ont he property?

Being pregnant and having a baby shouldn't mean that you no longer have to pay to keep yourself!

The OP is not a charity!

breadandbutterfly · 11/10/2011 22:01

No-one made the OP get into a business of BTL. BTL makes a profit by selling an essential resource at a high price. If the OP had sole ownership of a particular essential drug that could affect the health of that baby, but the couple couldn't afford to pay (temporarily - presumably if they're not earning, housing benefit will cover the rent in due course), would everyone think it was just fine to deny the baby the drug? I don't.

All those who say it's OK to boot out a heavily pregnany tenant have clearly never had the experience of being made homeless with 2 months notice. I have - mercifully not preganant, and not because I couldn't pay the rent - and it was one of the most stressful things I have ever lived through. I can't begin to imagine how stressful it must be if you have no money for another deposit AND a baby on the way. Would you fancy becoming homeless just as you give birth?

I think the OP should contact the tenants and explain the situation, and if necessary contact the council so that future rent is paid directly to them. I think - unlike some on here - that sometimes being morally right is more important than being up a few quid.

Next time, contact the tenants much, much sooner to resolve the situation amicably. No, it's clearly not OK for them to not pay the rent. But that doesn't excuse the OP's action, which is highly immoral.

izzywhizzysfritenite · 11/10/2011 22:04

Any shame is on you bread as your comments show that YABVU. .

The OP's not making her tenants homeless; they're choosing to make themselves homeless by failing to pay rent.

izzywhizzysfritenite · 11/10/2011 22:17

housing benefit will cover the rent in due course

Housing benefit will only cover the rent from the date it is claimed and the OP is currently owed 7 weeks rent bread.

As for highly immoral the OP's hardly doing a Rachman by asking her tenants to pay rent as agreed when they signed the rental contract.

Minus273 · 11/10/2011 22:20

I am 7 months pregnant. I became homeless 2 weeks ago thanks to DH being served with redundancy notice bread. You know what? I don't think the OP is being unreasonable. I couldn't pay the rent and we are not entitled to housing benefit or anything else so for me I could not have morally stayed either.

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