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Original poster

Horrible tenant, changed locks & Giving notice,

108 replies

Sillysausage12345 · 20/09/2018 20:40

Evening everyone,

After a little bit of advice here

A “friend” in need needed a place to live at short notice and at the time my tenant was due to leave. I therefore let my house to this “friend” temporarily at a reduced rent as I let it privately and it does need a redecorate.

Anyway,

The new tenant changed the locks as he said someone stole the keys... a story which I now know was rubbish. However I let it slide as he got into an argument with some friends of mine and I ended up in hospital with suspected broken wrist as he pushed me over a few months ago.

So I just didn’t want the confrontation at the time as I was/an imtimidated by him.

Anyway I was hoping to let the dust settle and then to increase the rent to the proper market value and get a spare key from him to keep on file. Not for any other reason.

Last week he messaged me saying there was a radiator leak, I sent a plumber round that day, he wasn’t in.

I’ve rearranged the plumber for tomorrow and he’s saying he has plans.

I said that if he can give the plumber the spare key he can sort the leak. And I would then have said spare key.

I just received an awful phone call from him shouting down the phone about this key, I have given him 7 days to sort the key out, and he has at no point said he would do it so I have asked again today. Well he flipped out and ended up putting the phone down.

I messaged him after and asked him not to ever speak to me like that again and explained AGAIN that the key was the for agent I do not want to go into the house at any point.

He replied saying that he suggests that I don’t tell him what to do.... which not once have I done, only asked what is legally required.

I will however be giving him 1 months notice of a rent increase as I have done him a favour and he has just been awful to deal with.

I would ideally like to get him out but think he will refuse to leave and I will have a battle on my hands.... if he agrees to paying the correct amount of rent then I would be sort of ok for him to stay... I do however still need a key.

Just some words of advice or wisdom would be great, I know I’m in a difficult situation with a horrible bloke. Just wondering what they best way to go about this is.

OP posts:
Partyfops · 20/09/2018 21:17

Surely you have made a contract by way of him paying you rent and you allowing him to stay there? Verbal contract? Have you ever put anything in writing and mentioned rent.

Doesn't it then default to an
AST? But without the other paperwork it makes it impossible to serve a section 21.

Get good legal advice ASAP

MotherFeeder · 20/09/2018 21:19

Glint, he has been living there for a period of time and paying rent (regardless of whether it's less than OP should be getting).

Unfortunately and unfairly, the law favours tenants over 'nasty money grabbing' landlords

BertyFlanter · 20/09/2018 21:24

If he can prove he has been paying into your account, he may very well have a case for a tenancy without actually having a signed one.
Section 21 & 8 can't be done without the correct dates etc from a tenancy and proof that the correct paperwork was issued at the start (within a set time frame). Not sure where you stand if there is no deposit, but I would most definitely get legal advice.
It may be you have to play the long game, get everything in order and then give 2 months notice. HOWEVER! If you don't do it the right way, someone like this strikes me as the type to take full advantage of a situation which could then drag on for an awful lot longer ☹️

The other option is to get some big mates, empty the house and plead ignorance to his claims. He would likely have to take you to court to prove his case, so a risky strategy.
Not to rub salt in the wound, but no good deed goes unpunished. Always keep business and friends separate.

glintandglide · 20/09/2018 21:24

Yes I’m well aware of it.

But what are the consequences? He’s out of the house.

Sometimes you have to look at the shades of grey in life. We all know it will cost her a fortune to evict him and take many months. The house will be vulnerable to damage during that time.

So weighing that up against changing the locks, what is OP risking? It’s up to her of course, but she should be able to weigh up the risks herself

roses2 · 20/09/2018 21:27

I was told by a solicitor if he there is proof of monthly rent payment then a tenancy is implied regardless of whether a signed document exists.

Do you think he will actually go if you give notice? And leave the house without damage?

EssentialHummus · 20/09/2018 21:28

You need to sit down with a solicitor to get very clear instructions on how to proceed, otherwise you're very likely to make a mistake in trying to evict him, which will delay the eviction by months (and before this point he'll stop paying rent). He does have an agreement with you, even if it's not written.

lll77 · 20/09/2018 21:32

The absence of a written tenancy agreement doesn't mean that the tenant has no rights and you will need to follow the normal process of eviction.

Get proper legal advice before you do anything!

Original poster
Sillysausage12345 · 20/09/2018 21:38

That’s the thing although there is no written agreement because he has been paying into my account I have to treat him like a proper tenant.

My options are

As of the 6.10.18 (rent due) I will issue him with a rent increase to proper market value and just put up with the fact he is staying in my house

Or

On the 7.10.18 (as soon as he’s paid October) I will issue him with notice to find somewhere else to live. I am inclined to only give a Months notice as it’s not a written agreement and given the circumstances of the assault and the changed locks and no new key.

I will provide references as without them he is unlikely to be able to rent another property.

I just want him out my house. But I don’t want to make him angry and for him to turn up at my house.

OP posts:
Original poster
Sillysausage12345 · 20/09/2018 21:41

I have a friend renting another property from me and they’ve been in there long term and I haven’t had any issues with them at all. They are a pleasure to deal with. So I think it purely comes down the the type of person, clearly doesn’t sing from the same page as me.

But whatever I need to recover the full rent and I want him out the house either way.

OP posts:
EmeraldVillage · 20/09/2018 21:53

Ok so this is potentially complex. I would strongly urge you to get specialist legal advice before going further. If he is nasty you must ensure you are bulletproof proof.

penisbeakers · 20/09/2018 21:56

You absolutely really need to speak to the police and report his behaviour. Tell them you're afraid to issue him with notice because you're concerned he will turn up at your house. If he has history of violent behaviour, it might be that he's in the system already and then can help you stay safe.

Don't listen to anyone telling you to change the locks while he's out, that's a STUPID idea and if he was going to turn up at your house and try to hurt you, it would likely be then. Speak to the police, and ask them if they can help you issue the notice. Make sure YOU act professionally, that way it can't come and bite you in the arse any more than it already has.

Original poster
Sillysausage12345 · 20/09/2018 21:57

I’ve spoken to my friends who are letting agents and they all agree with the 2 Months notice thing is the correct way if there is an agreement.

I could give him 2 months, but I just want to minimise the amount of contact I have to have with him, it’s purely because I’m scared.

If I don’t do the 2 months then like you all say I could be opening up a can on worms.

Can I give him two months notice AND raise the rent at the same time??

OP posts:
Stellarbella · 20/09/2018 22:00

Glint - unlawful eviction is a criminal offence. So potentially the OP has a lot to lose. OP, you cannot serve a section 21 at the moment as you have not given the tenant the proper documentation at the start of the tenancy. If you’ve not got a written tenancy agreement, I’d be willing to bet that you’ve not complied with section 48 of the landlord and tenant act 1987 either. Therefore, no rent is due and you can not evict this individual at the moment. Please see a solicitor to get this straight before you take any further steps.

Gazelda · 20/09/2018 22:06

I reckon that an appointment with a solicitor who specialises in landlord/tenant law would be the best £ you ever spend.
This tenant is going to make it as hard for you as possible. Make sure you're doing everything by the book. Get expert support.

Magik1 · 20/09/2018 22:15

Sounds like you’re more interested in raising the rent than all the problems. Don’t bother with this - just evict him properly. Don’t rely on any solicitor, go to a specialist tenant eviction company who has experience with these kinds of things . Plenty on the internet , they will advise on how to evict properly.

Failingat40 · 20/09/2018 22:16

Legally you have to give tenants at least two months notice. They only have to give you one month's notice.

Except this chav isn't a tenant. He's a CF mate who I'd be punting out by getting the locks changed when he's out.

No tenancy agreement, no deposit, no rights

Stellarbella · 20/09/2018 22:17

Definitely don’t use a ‘specialist tenant eviction company’!!! They will not be qualified to conduct litigation, despite what they may say. Please use a specialist property solicitor

Original poster
Sillysausage12345 · 20/09/2018 22:19

The tenant knows my address which all correspondence is to go to, I have complied with all the necessary safety checks as if it was a legal/proper tenancy.

It’s just that this was initially a short term casual let until the house was redecorated and he found somewhere to buy.

I will as of the 6.10.18 and he has paid his months rent will be issuing him with 1 months notice as I don’t have a deposit from him. If he had paid his deposit and a months rent then I would of course give him the full 2months notice.

He doesn’t have a clue how the rental market works and he isn’t the sort of person to go through the courts so I am going to speak to my solicitor tomorrow and just run my intentions past her.

Just want him out my house and have nothing more to do with him. He’s caused me so much stress.

OP posts:
Sparrowlegs248 · 20/09/2018 22:21

He is a proper tenant. He is paying rent and you are accepting it, and he presumably has some use of the property. So, you need to give him 2 months notice. You also need to have protected any deposit that he paid, and issued him with the tenancy deposit information . You also need to have issued him with a "how to rent" booklet, EPC and gas safety certificate. Unless you have done this your section 21 notice won't be valid. I suggest you do it asap.

You can look at serving a section 8 notice. Only 2 weeks, and if you can use one of the mandatory grounds then you're guaranteed possession.

Sparrowlegs248 · 20/09/2018 22:22

You still need to serve 2 months regardless of whether he paid a deposit.

Original poster
Sillysausage12345 · 20/09/2018 22:24

He is renting the property for £150 less per month, I wouldn’t mind as he was a friend but he has assaulted me and a close friend of mine, his gf stalked me for a while (police informed), he changed the locks on the property without asking and has been verbally abusaive when I’ve asked for a spare key to keep on file like I do with the other properties.

This isn’t all about the money, but with everything else that has happened it is one of the nails in the coffin.

OP posts:
lottiegarbanzo · 20/09/2018 22:30

I would be concerned that giving him notice will result in him damaging the property.

Definitely report his assault to the police.

Do speak to a solicitor.

I am all for doing things very properly landlordswise (am an inveterate rule-follower) but, this might be the exception that reinforces your need to stick rigidly to the rules in future (no more favours).

Sparrowlegs248 · 20/09/2018 22:30

OP is he likely to go to the local authority, or shelter, for example? If he seeks housing advice from one of these and you haven't followed the correct process, you are in for a long haul with evicting him. It's not right, but it is how the law stands.

Original poster
Sillysausage12345 · 20/09/2018 22:31

What would you all do if you had a tenant who was on a 6month tenancy agreement Whig came to an end but didn’t sign a new lease... the landlord then wanted to serve notice to the tenant for possession of the property. How long would the tenant then need? Still the same two months?

OP posts:
Sparrowlegs248 · 20/09/2018 22:33

Look into serving a section 8 based on me of the mandatory grounds. It is a 2 week notice, then apply to the court and they will make an order for possession.

If you serve a VALID section 21 (having coined with the requirements at the start of the tenancy) you're talking 6 months before you get baiffs warrant if the tenant drags it out.