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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I rented out my property via a letting agent on 30/10/10 to

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I rented out my property via a letting agent on 30/10/10 to a couple who also stated that as they had seen a for sale sign in the garden, would be interested in buying the property in 2011. They had my mobile number as well as the letting agency details and all seemed to be going well.
New years eve they asked how much I wanted for the property and I advised £150000 - it had been on the market for £158000 and they said they would think about it. Two weeks later the letting agency had a rabling letter from them saying there was many things wrong and that we had broke the terms of the lease (dont know why ) and they wanted to leave immediately and have their full deposit back.
We advised if they wanted to leave they would have to pay the rent until a futher tenant ewas found and they would have to pay for the new tenancy to be drawn up.
I sproke to an ex neighbour of mine who advised that the property appeared empty but the upstairs windows were open and one of the front door panels of glass had been smashed and boarded over. I immediately spoke to my letting agency who then took 4 days to go and check out the property and assertain it had been left, we also found an advert advertising the house to rent _ no credit check and no references required placed by one of our tenents.
They have not paid the rent since 30/12/10 so we advised we would have the keys back off them and the outstanding rent could be paid from the deposit along with damage and smell caused by their four dogs.
They have refused this offer and the male tenant ( we have found out they have split up )has said he will move back in and get housing benefit to pay the rent ( we do not accept housing benefit plus there is already an amount outstanding and we certainly do not accept sub letting which is what i fear he is planning as proved from the ads we have found on line ) or he wants his deposit back before he hands over the keys.
My letting agents have been useless they just want to give him his deposit back and wipe their hands of it. The damage in the house alone is over the deposit amount of £800 I have to recarpet the whole house mend the front door and re landscape the back garden , plus I am worried I will end up with people in whom he has rented out to. I do not know what we can do please help.
RhXXXXX XXXXX
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi Rhian.

Do you want to know how to evict them?

Please specify what you want to know if not.

Tom
Customer: replied 3 years ago.

I want to know how we can legally evict them , whether we are allowed to go in the property and change the lockes because they have vacated it and what the letting agency should be doing to assist in this matter not just telling us to give him his deposit back and let him go.

Many thanks

RhXXXXX XXXXX

Expert:  Thomas replied 3 years ago.
Hi Rhian,

How many months of rent are they in arrears?

Tom
Customer: replied 3 years ago.

Only this months rent as they paid Januarys rent 30/12/10, it is paid a month in advance next one due on 28/02/10

RhXXXXX XXXXX

Expert:  Thomas replied 3 years ago.
Hi

Has the deposit been protected in a tenancy deposit scheme?

Tom
Customer: replied 3 years ago.

yes

RhXXXXX XXXXX

Expert:  Thomas replied 3 years ago.

Hi

 

If the tenant is over two months in arrears and the rent is paid monthly then the landlord can serve the Tenant a s8 Ground 8 Housing Act 1988 notice giving the tenant two weeks notice to vacate on this basis. If they do not pay next months rent then you can serve this notice upon them.

 

If they have caused damage to the property then you can serve a s8 Ground 13 notice upon them citing that the condition of the property has deteriorated as a result of their actions. The notice period for this is two weeks.

 

It is very important that you use the correct form of notice. If you do not then a court may not make an order for possession. You can google the above notices and "document providers" and a number of online companies can provide them. Really though, your letting agents should be able to advise you of this and do this for you.

 

Once the notice period has expired you will have to then make an application to Court for an order for possession. You cannot just change the locks unfortunately, that would be an illegal eviction and the tenants could sue you.

 

You can also make a claim for a money judegment for some of the remaining rent at the same time. Your local county court will be able to provide you with the forms.


If the tenants do not leave after the order for possession has been made then you will have to apply to Court for a warrant for execution so that the court bailiffs effect eviction.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

My letting agents have tried to persuade me to give the tenants deposit back and walk away from it which i am not happy about and have advised that i wish a section 8 to be served on them and to be evicted from the property. The response back from them was you will have to get your own solicitor to do that because I have only done 1 before and dont want to be responsible for getting the form wrong, when I complained to the manager I was told that she is the expert and I dont know anything about the legal side.

Surely this is what I pay the letting agent for and do I have redress for the fact that now there is a problem they wish to wash their hands of it.

RhXXXXX XXXXX

Expert:  Thomas replied 3 years ago.

Hi,

 

You're going to have to check your agreement that governs the service they provide you to see if the drafting of the notice etc falls within their purview.

 

If you are certain that their claims to your breaches of the tenancy agreement are spurious then you should serve the notice as above.

 

If the letting agents have breached their contract with you by not providing the service they said they would then you can sue them for the financial loss you suffer provided you can prove their conduct.


Thanks for your kind accept.

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

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