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Original poster

Evicting a tenant - what do I need to do legally?

28 replies

migratingsouth · 02/02/2012 21:23

I've given my (lovely) tenant 2 months notice on the flat as we're selling it. (This isn't s surprise, she's known for ages this would happen at some point).

She says she needs a notice of eviction from me. What do I need to put in it?

I just want to make sure I'm doing this right - is there anything particular I need to put in the letter - or will the information that I'm giving 2 month's notice do?

TIA Smile

OP posts:
oreocrumbs · 02/02/2012 21:49

Check with her what she needs the notice of eviction for - I had a tenant who needed a specific type of 'eviction' to get her listed as homeless for the council.

Otherwise I think you can just give a notice of surrender if you are both in agreement over things but I don't know what you have to put in it legally.

I know there are section 8 and section 21 notices which you can serve but they are for situations like rent arreas.

Is it an AST? and is it fixed term or periodic?

I think that makes a difference too.

Original poster
migratingsouth · 02/02/2012 21:57

She also wants to be listed as homeless for the council. That's why I want to make sure I get it right.

There was originally a year's contract.

She's out of contract now, we never got round to renewing it.
(She's actually an old friend so the arrangements have always been fairly informal.)

OP posts:
oreocrumbs · 02/02/2012 22:11

Once you are out of the initial years contract you are on a rolling monthly contract usually, so you could just agree to end it by then.

Since she needs to be listed as homeless you will need a certain type of eviction but I can't remember what it is - my solicitor does things like this for me, it can be a minefield and I have come off worse the wear with tenants before.

Ask your friend to get the exact name of the type of eviction - for example a section 8 (I doubt it will be that one as thats for rent arreas). When you know which one you need google it. It will bring up masses of landlord sites where you can buy the required notice letter for aound £5-£10. Have a good look though as there are some free ones.

As its a friend this will be sufficient, if you were evicting anyone else I would advise spending money on a solicitor to do it as there are all kinds of pitfalls if you serve the wrong notice and they want to be difficult!!

I'll have a google and see if I can find which notice you will need.

oreocrumbs · 02/02/2012 22:40

I've had a look, and it doesn't appear to be a type of notice, only specific words! - Not very helpful!

I think from what I have seen you need to make clear that she is being evicted through no fault of her own, but that there will be no home available to her in x amount of days, and that there is no option of her continuing to live there beyond that date.

Ask your friend to get the specifics from the council and then it should be a straight forward letter.

notcitrus · 02/02/2012 23:14

It'll be a rolling monthly contract if the initial year of the AST has expired, so you need to check that contract to see if you need to give 1 or 2 months' notice. Notice can only be given by whatever day of the month the lease started on.
Try LandlordZone - I think they have standard letters.

I've only had to do this once but any eviction letter should do for the council - though they won't take action until the 'eviction' date in most cases and then seeing a court order to enforce the eviction. Your local civil court may be helpful.

Original poster
migratingsouth · 02/02/2012 23:15

oreocrumbs, thanks so much for looking that up for me, that's really nice of you! Smile

I'll ask her to get the council to clarify it.

Thanks :)

OP posts:
Original poster
migratingsouth · 02/02/2012 23:20

Ooh, cross post notcitrus.

Goodness I have no idea now what day it started on. It was quite a while ago! Now where did I put that paperwork?!

I've never heard of LandlordZone, thanks for that I'll have a look.

Will they definitely need a court order? What a ridiculous waste of time! (And money I guess?)

OP posts:
oreocrumbs · 02/02/2012 23:22

No problem Smile. Where I was looking all hinted at certain things but they won't give the specifics annoyingly, shelter and CAB kept coming up and they seemed like they would point you in the direction if your friend can't get the exact wording from the council, but it wasn't online they wanted you to make an appointment at your local centre.

Hope you both get sorted Smile

Original poster
migratingsouth · 02/02/2012 23:25

I think I'll give Shelter a ring tomorrow, good idea oreocrumbs :)

I'm starting to get worried now that if I get this wrong the council might say my friend had made herself intentionally homeless, and that would be bad!

OP posts:
oreocrumbs · 02/02/2012 23:29

They did say that on a lot of sites. Basically if she IS going to be homeless, they tell you to refuse to leave the house and then the LL has to start eviction procedure and eventually get a court order for you to leave this will absolute proof that there is no way you can have a roof over your head. It can be sorted with the right eviction letter - my solicitor did it for a previous tenant I just wish I could remember what it was!!

Having had to evict a tenant from hell - full house trashed no rent, endless problems resulting in a court eviction and bailiff reposession (well she left the day before the bailif was due but he was order from the court). I can tell you this is a long and expensive process .

oreocrumbs · 02/02/2012 23:33

Intentionally homeless is by not paying rent, anti social behaviour, damage that sort of thing. Or leaving the peoperty before you have to.

When the house is being sold she can be classed as homeless without all of the fuss!

It might be worth her looking into more private rental though, as even if she can be classed as homeless she might not get a house, it could be a shelter/bedsit on a temp basis. There is such a shortage of housing.

Don't worry though you will get sorted! The main problems come when LL and tenant are 'fighting' the eviction, as you are friends and can work together you will be able to sort it out!

Original poster
migratingsouth · 02/02/2012 23:44

Private rentals for HB are hard to come by in that area. She's sick of being in insecure accommodation and has decided she will tough it out in the hostels until she gets a council flat. She's aware it'll take several months (if she's lucky) or perhaps a year or more. She's a vulnerable woman though for reasons I won't go into here and so I suspect she'll have a fair few points. Not sure a hostel is the best place for her, but that's her choice - I'm her mate & LL (which feels a bit weird!) but not her mum!

OP posts:
Original poster
migratingsouth · 02/02/2012 23:46

Your tenant from hell sounds awful, what a horrible situation to be in.

OP posts:
oreocrumbs · 02/02/2012 23:53

Well that is true, I hope she gets sorted. Its a minefield renting houses which ever side you are on. Smile

oreocrumbs · 02/02/2012 23:53

Oh and she was!! GRR

notcitrus · 03/02/2012 11:14

Much sympathy with tenants from hell - mine was fine for the first year, then both started taking lots of drugs and had a mental breakdown (not sure which came first), moved her partner in despite my forbidding it (place was way too small), and then even after we agreed 3 months notice not two, failed to move out or pay any rent from the leaving date - the council were Not Amused as she somehow wangled money off them for another 6 months.

And the postal strike meant she could keep claiming not to receive letters, so I put copies through her door, which she told the police was 'harassment'. Luckily she'd already called them to complain that my asking her not to take illegal drugs in the flat was harassment. They got her to confirm she really was taking illegal drugs, and decided it was a 'civil matter' - aka 'not our problem'.

But the court was good and the bailiff was lovely. I even had her parents as guarantors but they were abroad... they wrote to say they had given her $5000 to pay back rent but if she'd spent it then they didn't have any more money.

Tenants before and since have been lovely, even the one screwed over by HB who tells us everything that's going on, gives me whatever money comes in, and does babysitting and cooking too! Time to write another letter to the council though - it's taken over a year to 'investigate' why they stopped her HB for a few months and they've been underpaying ever since.

MoreBeta · 03/02/2012 11:20

You need to issue her with a Section 21 Notice in order to get her evicted by a court.

"A Section 21 notice must be served before possession order will be issued by a court. Possession under this section of the Housing Act 1988 cannot take place during the fixed term of the tenancy, but the notice can be served at any time during the fixed term provided the tenant is given a minimum of two months' notice. The tenant is not required to give up possession of a property until a minimum of two months after the Section 21 notice to quit was served. This includes Section 21 notices served up until the last day of the fixed term. "

Original poster
migratingsouth · 03/02/2012 11:30

Do I really need to go down the court route if it's amicable though?

Isn't giving someone notice enough to be deemed making them homeless? Do the council really expect tenants to sit sight in their homes after being asked to leave, saying "you'll need to get the court to get me out?!"

I mean it wouldn't surprise me actually! But it seems bonkers!

I'm going to give Shelter a call.

OP posts:
Original poster
migratingsouth · 03/02/2012 11:46

They're impossible to get through to at the moment :(

OP posts:
MoreBeta · 03/02/2012 11:47

The Council will advise them to sit tight until they are evicted.

oreocrumbs · 03/02/2012 12:07

www.landlordaction.co.uk/site.php/tenant/legal/residential_eviction_the_legal_blah_blah

A bit about section 21. Before you issue a section 21 make sure you have her deposit in one of the government backed Deposit protection schemes. It is a legal requirment. Even if you put it in today, make sure it is in before you issue anything.

I think you need your friend to find out if they will class her as homeless from the date of her eviction and provide her with something, be it emergency accommodation or whatever, or if they will tell her not to leave the property unless she is dragged kicking and screaming. If its likely to be the latter IMO you are going to have to pursuade her to go somewhere and not go down the route of forcing her to leave. It has cost me thousands with the tenant I'm evicting, and my tenant got legal aid, I do not qualify, so if it goes down this route it is pretty shit to be frank.

Original poster
migratingsouth · 03/02/2012 14:03

There is no deposit. As she's an old friend we just agreed to deal with damage if/when it arose, but is hasn't.

In actual fact the flat is in better nick than when we gave it to her!

"The Council will advise them to sit tight until they are evicted." But does an eviction letter with a date count as being evicted in their eyes?

OP posts:
Original poster
migratingsouth · 03/02/2012 14:04

Thanks for the link, having a look now :)

OP posts:
MoreBeta · 03/02/2012 14:09

Only a court can issue an eviction order. It is that the council will look at I suspect. I am not sure they will even look at an S21. The longer the Council can leave a tenant in a property without it becoming their responsibility to house them then the better for them and their budget.

oreocrumbs · 03/02/2012 15:20

england.shelter.org.uk/get_advice/downloads_and_tools/eviction_checker
Shelter say you can be made homeless on just a standard eviction notice on this first page, but then go on to say that they need the standard eviction notice and a court posession order on the next, although it does say that if the LL has to get a court possession order the tenant becomes liable for LL's court costs. (Not on my experience - you have to take them to court seperatly for that - basically a situation of throwing good money after bad and getting no where )

But each council is different and untill your friend can tell you what she will need, this is all hypothetical - but be prepared that it will be a major headache if you are expected to go to court, not to mention that it takes ages - they say it should be around 3 months (after the initial 2 months notice) so thats a minimum of 5 mths but it took me 17mths.

If this is what needs to be done, I would just ask her to go without being declared homeless. Or to foot your bills and extra mortgage payments as you won't be able to sell untill this is sorted.

Actually I wonder what the position is is the house is actually sold, you give 2 months notice and the new owner takes posession on that date?

And how much proof they would need that that is the situation IYSWIM?