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AIBU?

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Original poster

Our tenant has requested that we formally evict her

24 replies

Reallytired · 18/12/2007 16:41

She has even said the date that she wants to be evicted. Apparently she wants a council house with a garden.

It just seems a really mean thing to do someone with a two year old child so near to Christmas. Even though it is what she has requested.

She is having dreadful problems with the rent because her boyfriend has left her. She is a good tenant and we have no real grounds to evict her.

Being asked to be "scrooge" is difficult.

OP posts:
paulaplumpbottom · 18/12/2007 16:42

It is also unfair on someone who might need a council house more than her

PeachyHasAFiggyPudInTheOven · 18/12/2007 16:45

Well if she can't ay the rent then she does need that house!

It's not meanness- its standard procedure for the council to be able to help her. ten to a pound, whatever ahrdships you know she's having financially, in RL they'll be far ahrder- people rarely make their true struggles clear.

Mincepiedermama · 18/12/2007 16:46

My brother's tennant did the same. She refused to go when given notice and was advised by the council (lambeth) to get evicted to secure a council flat. She and her baby dd wanted a two bed flat. My brother, his wife and baby just wanted their one bed flat back so they could move back to London now DB has job back here.

It meant my brother had to stay with friends when he started his job in London leaving his wife and baby alone back up in Leeds for over two months while the legal process went through. It was very upsetting for everyone concerned.

People like his tennant give council housing allocation a bad name. She's a very successful French artist who commands high commissions for her work BTW. It's the sort of story which provides rich fodder for the right wing loons.

Lauriefairycake · 18/12/2007 16:47

Thats the way the rules work, its the only ways she'll get a place

A girl at my work had to get her own mother to evict her - she'd let her move in after her husband ran off with the secretary (of course) and she couldn't pay the rent. There was her mum/stepdad/her and her two boys in a one bed flat but they still needed a letter saying she couldn't stay there.

coldtits · 18/12/2007 16:47

in the long term you are doing her a favour - better than her not being able to make the rent, owing you thousands, and THEN you have to evict her.

PortAndLemonaid · 18/12/2007 16:54

If she can't afford the rent, you seem to have the choice between

  • evicting her now, on good terms, and not losing any money either
  • waiting for her to get into serious money problems struggling to pay you rent, get into large arrears of rent and having ill-will building up, and then evicting her.

Unless you want to let her stay free / at significantly reduced rent until she's back on her feet?

Freckle · 18/12/2007 17:07

What does the tenancy agreement say about notice? Has the initial term of the tenancy expired?

If it is an assured shorthold tenancy, then you need to give two months' notice (and if the tenancy has not yet run its term, you can only do that if the two months terminates on the end date of the tenancy). If you give notice and she does not move, you will have to go through possession proceedings which could end up costing you money as it is likely that the council will not rehouse her anyway until she has an eviction notice from the court.

SantaBabyBeenAnAwfulGoodGirl · 18/12/2007 17:09

you could give her notice on the grounds that you want to sell the house or live there yurself if it is apst the initial term tho cant u ? and the council would accept that afaik

Original poster
Reallytired · 18/12/2007 17:39

Well, it is a friendly eviction, the letting agency is handling it. The court is not involved.

They have written her a letter saying that they do not accept tennants on benefits. The contract is one month notice for her and two months notice for the landlord. She is taking the letter to the council tomorrow.

I want her to be happy and I think she would be better in a two bed council flat than a one bed flat.

OP posts:
soopermum1 · 18/12/2007 17:47

couldn't she have paid you housing benefit?

is she absolutely sure she will walk into a nice council flat/house? there's lots of people do the rounds in bed and breakfast accomodation then end up in some high rise. a friend of mine had to move on and a high rise in edmonton was all the council would offer her. nothing against high rises, my nana lives in one and it's great (lovely views) but it's a long way down to the garden! good council housing stock is scarse these days

MrsGuyOfGisbourne · 18/12/2007 18:07

CAB always advise tenants to do this , as we found out.
You are stuck, because if you refuse, she will just stop paying rent, and you will have to evict her eventually - much stress and expense to you.
If you do evict her, you MUST take professional advice, or YOU could end up in trouble. Contact Landlord Action - they helped us out in a similar suituation about 8 years ago (presume they are still in business), or contact a solicitor specailising in landlord and Tenant law.
Do not bother going to the CAB yourself, they are totally biased in favour of tenants and view landlords as rich evil capitalists

PeachyHasAFiggyPudInTheOven · 18/12/2007 18:28

Good council sock is scarce but it does have its upsides- not spending a month a year watching the post wondering if your tenancy will be ended for a start (and we love our landlady- and have been lnadlords in the past- but regardless of how valid reason is to end a tenancy, it's still a worry)

wheezie · 18/12/2007 18:31

hi, i had exactly the same with my tenant. i called the court to find out what to do and they were confused, as like your tenant she actually wanted to be made homeless as well in order to get council place. my relationship with her was also very amicable and she had been an excellent tenant. fortunately for me i did need to put my house for sale. but i would not have been prepeared to do it. too much stress and aggravation. i know it can be swings and roundabouts and maybe she will stop paying. does she have a guarantor? you have to think of yourself though no matter how hard it is.

good luck.

Original poster
Reallytired · 18/12/2007 22:22

She has only been in the propety 8 months. She isn't a sitting tenant. We are lucky in that we have a good ALARA registered letting agent who are handing the legal side of it.

The contract allows us to just give her two months notice to leave. She only has to give us one month in writing. We do not have to have any reasons, nor do we have to give reasons according to the agency.

I am not too worried about rent as she has paid quite a big deposit. It only becomes problematic if she refuses to leave.

OP posts:
bookofchristmascarolsmum · 18/12/2007 22:26

I'm surprised that she wants to go before Christmas and not in the New Year. The chances are that she won't get another place before the New Year anyway. Or am I missing something here? .

PortAndLemonaid · 18/12/2007 22:38

Presumably if Reallytired is giving her two months' notice she won't actually be out before the New Year anyway?

bookofchristmascarolsmum · 18/12/2007 22:45

New place for Easter then? .

Alambil · 18/12/2007 23:06

My parents evicted me and my DS (and ex who I was with at the time).

We were put in some dingey hostel for a while (a month) but were about to get a place - flat, most likely, when I escaped ex and returned home.

Anyway, family evicted me again and I got a 2 bed house, long garden (that is so overgrown I can't use it but that's another thread!)

Houses with gardens do come up - just rare.

Hope the tennant is going to be ok and gets a place without too much trouble.

coldtits · 19/12/2007 00:40

Yes, what an evil bitch to want some stability in her child's life. How grasping of her. She should Know Her Place

sunnydelight · 19/12/2007 03:14

The only way for her to be "unintentionally homeless" is for you to evict her. As someone else said, those are the rules so if you want to help here that's what you need to do.

TBH she might want a house with a garden but I would be very surprised if she gets one. One person with a 2 year old child will more than likely be offered a 1 bed flat at best as councils will not "overaccommodate" unless it is somewhere grim that nobody else wants. Short term she could well end up in some grotty b&b so she should think carefully about how realistic her plans are.

PeachyHasAFiggyPudInTheOven · 19/12/2007 14:35

it does depend where she lives though- back home very little of the council stick was anything other than houses with gardens, flats were a tiny percentage- it does vary.

micci25 · 19/12/2007 14:46

make sure before you decide what to do you ask her if she has looked into this properly

in my area council houses are in very short supply and being evicted doesnt necessariily mean she will get one! the council will pay for a b and b for her for 6 weeks after that she is on her own, if they decide that she has made her self volutarily homeless! this includes rent not being paid!

i had problems with my rent after i started work part time and housing benefit needed all sorts of info that was taking ages to get! landlord threatened to evict me and after speaking with council about this i was told i would be declared as voluntarily homeless because i had failed to provide them with the info they needed and refused to pay my rent! refused to pay was putting it v harshly my rent was £85 a week and inc tax credits i got £160 a week and had to pay nursery fees and bills with that too!

if they decide that you are voluntairlty homeless they have no obligation to house you even if you have young kids

you would need to evict her for reasons such as you are not renting the house any more anything such as late rent payments or untidness may result in her being declared as intentionally homeless

hanaflower · 19/12/2007 14:56

This reply has been deleted

Message withdrawn at poster's request.

PeachyHasAFiggyPudInTheOven · 19/12/2007 15:00

Didn't she say she was being evicted as the Agents don't handle HB claimants, which would presumably make her homeless.

Coldbits knows loads about this area, i'd go with anya dvice she gives.

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