Tenant in huge arrears - what can we do? (Long)

[Jux]

Our house has a basement flat with its own entrance and a door which gives access to our house, as well as a back door onto a sunken sort of patio with steps up to our garden.

We rented this out to a guy a couple of years ago. He was unemployed but we thought that was fine as he would get HB and there would never be rent arrears. However, the Council do not pay anything like the full amount because they deduct a certain amount as his bills are included in the rent (we can't separate the supplies). In the time he has been here, he has paid the extra about 6 times. HB wasn't paid/sorted out until Xmas last year - they did pretty much pay in full, so the arrears weren't too bad, and he gave us some extra to make up for the lack of utilities payment. We thought, stupidly, that everything would be hunky dory once the HB payments started. However, he often didn't pass them on to us, and we ended up having them paid directly to us. We still don't get the money for utilities.

We sent him an e-mail (he hides so we can't get hold of him face to face) telling him we would have to evict him if he didn't sort this out in the next 4 weeks, he e-mailed back saying he would talk to us over the w/e. We e-mailed back saying a time which would be good for us, but he failed to turn up. We got another e-mail much later with excuses - his e-mail wasn't working/his phone died etc, sorry sorry sorry I'll sort this out.

We've had enough but don't know our legal position. Can we just give him 4 weeks notice (that's how often the Council pay), or should it 1 month (we've always maintained we actually want the money once a month), can we change the locks? Can we ask for goods in lieu of payment, or to keep against payment? DH wants to just change the locks, take some of his (fairly expensive) electrical equipment, and give it back when he's paid the arrears (about £1000 now). Actually, DH wants to punch his lights out.

If we give him notice he will only end up owing us more, as he will certainly not bother paying us anything if he's leaving.

We know we shouldn't have let this go on so long, but he always had a good story, probs with ex, getting contact, deaths in the family blah blah blah. We don't believe any of his protestations any more.

I have no idea on the civil side, but from a criminal point of view you can't change the locks, and thereby exclude him from the property. I remember some chapter in my law books in the distance days of police college that said you could be arrested for such! Taking his property is also a definte no-no. Sorry! Im sure someone else will be along soon who knows more, but please don't do anything rash however tempting!!

You can't just change the locks, this is classed as an illegal eviction and you can get prosecuted for this. You can't take his things and sell them without a court order as this is theft.

Keep copies of everything, you have to give him 2 months notice I believe. If he doesn't leave after the 2 months then you have to go to court for an eviction order. If he still doesn't go then you have to get the bailiffs to get him out. It can be a very long drawn thing but you need to do it properly.

Agree with others - you can try giving him two months' notice but if he fails to leave at the end of that time you'll have to go to court to evict him.

A bird in the hand is worth two in the bush

Thanks everyone (sorry to be away so long - dh got a dvd out so we stopped to watch that). I don't think dh was serious about either of those options and I did make it very clear to him that I wanted to stay on this side of the law!

Thought it would be two months notice and then long drawn out legal stuff after that.

Does anyone know if we have to have special wording for the notice to quit? The trouble is that the Council have been paying what they call the rent so it can't be that. It's non-payment of utilities. I assume that that is reason to kick him out?

Off to bed now. Will check again tomorrow.

If the utilities is part of the rent then this is the rent also.

Shelter have alot of info about this.

You need to check the wording of the lease for notice period and the obligation to pay the total rent inlcudign utilities. It's possibly slightly awkward as the utility companies aren't directly involved, since presumably your name is on the overall bill. You can't just seize assets in lieu or bar him.

Do you have a local CAB or legal advice centre ? You could try to take him to small claims and/or issue notice (usually 2 months for an Assured Shorthold tenancy) but you probably risk not getting paid at all if he is unemployed and feckless. Is there Council Tax involved as well as that could have mroe serious consequences ?

In the future presumably you could still get a separate meter to avoid this even if it cost you initially to redo the wiring and have it installed ?

???Quattrocento? [puzzled]

Scrooged, thanks. I'll check them out.

TBH he's been here so long because I keep arguing dh into giving him another chance. And again, kicking him out at this time of year is horrible, but I've run out of arguments. He's 50 fgs, an intelligent bloke, he really should be more together than this.

We found out just now that he's hiding from bailiffs and owes hundreds in parking fines too.

It might be worth phoning the council, as they are the people who pay the rent. You never know, they might be able to help, or give you some advice.
(I'm not in UK so apologies if this is a useless idea!)

LIZS, CAB are open on Thursday mornings. Not sure we should really wait until then. Council Tax is his responsibility. I'm not sure whether he's Assured Shorthold or just Assured.

We've asked the electricity board (and a local electrician who is very good) about separating the supplies, but it would be £3-4000, so we can't. Same with gas and water. The house is badly organised re utility supplies as the previous owner just added bits on here, there and everywhere. No logic or sense applied.

Ah, the Council. They are why we will not have DSS tenants again - not the fecklessness of our current chap! They tell you as little as possible, they are rude, they are unhelpful, they will only pay per 28 days in arrears. This last we can live with but we don't like being spoken to as if we are the lowest of the low slum landlords when in fact we are not. I don't expect much help from them.