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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:
Original poster
Sillysausage12345 · 20/09/2018 23:30

I rented a property out in good will, I am asking people’s opinions and experience on the quickest way to end a periodic tenancy when there isn’t an written agreement.

I have multiple properties all on written agreements and have Never in 15years had an issue with any of the tenants.

It’s my own fault for doing a “friend” a favour.

I will for sure never do this again and will always keep friends and business separate.

OP posts:
Joe66 · 20/09/2018 23:44

There is no "quick" way to end a tenancy. The tenant is entitled to 2 months notice and you may not serve a s21 notice unless you have fulfilled your statutory duties as a landlord. Neither may you increase the rent until the first year anniversary of the tenancy unless the tenant agrees. Even then, if he doesnt agree you need to follow the procedure in s6 of the housing act 1988. The reason the laws exist is to protect tenants. I'm sorry you are in this position but as a landlord you MUST follow the law. The consequences for failing to do so can be dire.

IhatetheArchers · 20/09/2018 23:45

OP, please stop googling stuff and pay for proper legal advice. Some of the advice you have been given here is accurate, but a lot of it is crap. But as you do not have the knowledge to distinguish you will need to pay someone how can.

spinabifidamom · 20/09/2018 23:54

I used to work for a holiday letting business. Get a decent lawyer pronto because you obviously need it. Ask for advice on where you stand legally in this nightmare situation. Also I recommend checking to see if you can end the tenancy. Make sure that you follow the law however.

Best of luck.

Oddcat · 20/09/2018 23:58

I also strongly suggest getting a solicitor to help you , it will be less stress in the long run . It doesn't matter that there is no tenancy agreement , the fact that rent has been paid means a legal contract has been entered into . You also have to be very careful with dates if you go down the section 21 route , if you get them wrong the court will throw it out and you'll have to start again .

Original poster
Sillysausage12345 · 21/09/2018 00:02

Thank you everyone for posting, i will phone my solicitor tomorrow and see what she says.

I am aware of the relevant legal requirements and various sections 21/8/48 etc however I have always had a tenancy agreement in place on a 12month basis. And over the years I haven’t ever had to evict my tenants over rent arrears or neglect to the property etc so this situation where the tenant needs to go is somewhat unknown territory.

But thank you none the less, I shall report back and let you know what happens, hopefully this case will be able to help someone else in the future.

OP posts:
luckycat007 · 21/09/2018 00:20

@Sillysausage12345

I am a decent landlord and person.

Indeed you are and sadly in this situ this is your downfall.

Get the fucker out.

Number12 · 21/09/2018 07:38

Silly, do you have any written evidence that a lower rent was agreed... ? You do have evidence that previous attendants have paid a higher rate. Could you say that he has been under paying for all these months and refuses to pay the full amount and that despite letters/phone calls (which you could print and he will of course deny receiving) to him he continues to underpay? NOW you can eviction?? Serve notice.

This guy is dirty play him at his own game. Let us know how you get on.

Original poster
Sillysausage12345 · 21/09/2018 09:05

no Written agreement on rent I think it was all done verbally. It was so long ago now I’m not sure what was put down in text.

I think I’ve just got to go down the proper route and give 2 Months and just hope that he will leave beforehand.

Wish I could play dirty but I’m not sure if my case is water tight enough.

OP posts:
specialsubject · 21/09/2018 09:31

if this is England you created a tenancy by accepting rent. You therefore need to follow the eviction procedure.This will take months and cost lots. I hope you have legal cover and malicious damage cover. How he behaves.and even whether he pays rent have no effect on eviction timescales.

changing locks, throwing his stuff out is illegal and if he rings Shelter they will give him all the advice he needs to prosecute you.

MrsPatmore · 21/09/2018 09:41

Totally agree with specialsubject. Unfortunately he has rights as he has paid rent whether there is a written agreement or not. Prior to serving a Section 21 you need to make sure he has received the latest copy of the how to rent guide, a current gas safety certificate and any deposit should be in a deposit scheme. If you do go down the eviction route (which takes time and money) the judge will throw the case out if these things haven't been done prior to serving the notice. You could also be fined/prosecuted for example if you haven't had the gas checked etc. There is a national landlord line that gives advice for a fee. Tread very carefully otherwise you will be the loser.

MrsPatmore · 21/09/2018 09:47

I notice also you have said you let multiple properties. As such, I would really advise you join the landlords association as they offer courses on how to manage property (not meant to be patronising by the way but some of the knowledge you have seems muddled around tenancy procedures). That would protect you as well as the tenant.

Original poster
Sillysausage12345 · 21/09/2018 10:35

Thanks everyone, all the others are fine as they are in legal contracts and I haven’t had any issues with any of them, they’ve all been let on long leases and are all lovely people to deal with.

It’s just because this one was on a “mate rate” for a short time contract until he found somewhere more Perminent and without a legal contract that I wanted to see what people recommended before I managed to speak to my solicitor.

Everything was fine until he wouldn’t allow the plumber access to fix a leaky radiator.

But that was the final nail in the coffin and it decided it would be better for both of us if he were to move on.

The house in question is all up to date with safety checks and all regulations so no problems there.

I think I’ve come to the conclusion that although I don’t have a written contract I am going to abide by the standard rules and give him 2 months notice after he’s paid octobera rebt and see what he does, hoping he’ll clear off ASAP.

OP posts:
wowfudge · 21/09/2018 11:15

You still don't get it do you? Get legal advice from a suitably qualified solicitor rather than ransoms on the internet. Have you really given your ex mate the How to Rent guide? If you haven't, you can't just serve him notice and that fixes things.

wowfudge · 21/09/2018 11:16

Randoms not ransoms

Hadalifeonce · 21/09/2018 11:24

I still think you should advise the police of the assault; I would then tell them that because of the history of violence towards you, you have been scared to try ask him to leave after it was obvious he wasn't just looking for temporary accommodation for fear of further violence.
They may help you, or worst case suggest you seek legal advice.

KatieMarieJ · 21/09/2018 11:32

Landlord's section 21 doesn't have to coincide with rental dates. You can serve him 2 month's notice today. (For clarity a tenant must provide 1 month's notice coinciding with rental dates).

I would echo a previous poster, join a landlords association. Sorry to say it but it sounds like you've been very lucky to have over 15 years without problems and always having tenants sign in to 12 months particularly as they don't have to.

Joe66 · 21/09/2018 11:32

OP still doesn't get it!

LOVELYDOVEY05 · 21/09/2018 11:32

This is a real pain for you but now you have learned a lesson from this. Everything must be in writing . Even if you make an arrangement for a gas check and it is all friendly it needs to be recorded via email Be careful with ejecting them from the property and changing locks. The only way you can do this is if they turn up with other people at the door you can then claim breach of the peace and call the police

Racecardriver · 21/09/2018 11:42

See a solicitor. He has possibly changed the locks in attempt to establish sole ownership (as is occupation not deed ownership) of the property. This may be in am attempt to prove a tenancy or to attempt adverse possession. You should have a solicitor writing him a latter giving him 'licence' to stay in the propetty for a further week at which point he must vacate the property at which point, if he dies not, you will call the police to remove him for trespass. Make sure that in the agreement you make clear that there was no tenancy and outline your position that you were allowing him to lodge, at which point he did not have excuse right to the property. He has breached your agreement for him topdge in your property by changing the locks and refusing you a key so that you could have access. It may be a bit murky but this, plus the assault, may be enough to congruence the police to get him out.

IhatetheArchers · 21/09/2018 12:39

Racecardriver, yeah good advice! (Rolling eyes icon)

Gazelda · 21/09/2018 12:53

What does your solicitor advise OP?

TwistedStitch · 21/09/2018 12:58

Racecar he has a tenancy by default through the payment of rent.

TwistedStitch · 21/09/2018 12:59

And he had sole use of the property so not 'lodging'. Your advice could cost the OP thousands.

wowfudge · 21/09/2018 13:18

The OP appears to be unwilling to actually obtain proper legal advice. She's already been bitten by failing to get legal advice allowing the guy to rent her property on an undocumented basis and it could get a whole lot worse.