Tenant arrested, advice needed. Thanks.

[OhMyNoReally]

Ok we have a hopeless tenant, his checks for tenancy came back fine but he's been trouble since he moved in. Now he's been arrested for theft, he will probably be charged. Our house has now got a bad name for itself because of the tenant and our estate agents who are meant to be managing the let are not really helping or advising us.

My basic question is, if tenant is charged for theft can we just change the locks on our property or do we still need a proper court order eviction notice?

The situation is a bit complicated as we ourselves rent and can't cover our living costs and the mortgage on the house we can't sell. We have wanted the tenant out for awhile but can't afford to evict him or have the house standing empty. I think even if we evict him we might face having the house repossessed.

Any advice to this mess would be appreciated. Thanks.

Don't think it's grounds to evict him - just wait until the fixed term expires, be sure to give him adequate notice, then hopefully he'll move out without the need for you to get a court order.

That's the problem his fix term ended the estate agent never notified us so I have no idea how to evict him. I think the contract or the estate agent puts him on a monthly contract after the 12 month period but I have no idea. Things are such a mess.

so you have convicted him yourselves before he has been to Court?

You need to check with the agents but I would have thought if his first 12 months was up he is now on a rolling montly contract so you only have to give a months notice. Surely you have a copy of the tenancy agreement?

Just inform the agents that you want to give notice and hope they will find new tenants.

Agree with MOS.

Thanks and I said he would probably been charged, the police have been in touch. They've been watching the house for awhile. Knowing the scale of theft I can't see how he can avoid conviction. I am also sure he is on a rolling contract but when we tried to terminate his tenancy the last time the estate agent stated we would need an eviction notice. We'll speak to them again tomorrow. Hopefully we can get things sorted. Thanks.

If his AST ended although the agreement rolls, you should be able to give 2 months' notice (or may even be a month if the terms stated so originally) with no eviction notice etc.

don't take anything from the agent at face value.
the thing with the eviction notice sounds strange.
what you probably need is a section 21 notice requiring he posession of the property followed if neccessary by eviction procedings.
landlordzone and cab would be better to advise you.

Thanks very much, I hoped the tenant had settled but I guess he hasnt. I will find out more tomorrow, I'll speak to the agents again. I'll find the contract and talk to dh, I just don't want to loose the house.

You need to serve an S21 notice, two full months before the date you want him to leave. It must be served to coincide with the date he pays rent so, if he pays (or is meant to) on the 25th of every month, even if you served the S21 today, you couldn't ask him to leave before April 25th. Go to Landlord Zone, they have pro-forma S21 notices and articles making sure you serve papers correctly.

Your agents sound pretty incompetent. I hope you don't use them again, for letting OR selling the place.

Does your contract with them set out renewals, managing the end of tenancy, etc.? If so, you could try to go after the agents for compensation for their not performing their duties. Also check out any code of conduct they supposedly subscribe to.