Sitting Tenant Problem

Discussion in 'Army Pay, Claims & JPA' started by Hairy_Jeremy, Jul 27, 2009.

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  1. Folks

    Slight problem I would like to share and see if anyone has any legal suggestions……

    So, today the movers came to load up our house content as we head back to Blighty after three years in NL working for a UN-type organisation. Imagine my surprise when at 11:30-local, my UK letting agency calls me to say that my tenant (who had been given the legal 2 month notice) is refusing to leave my house that I am due to return to on Thursday.

    How we laughed when the agency told me that they had called the council and was informed that I would be arrested if I stepped through my own front door. The sitting tenant however has a month or so to enjoy my house free of rent (on top of the two months rent that she still owes me). So on Thursday the council said that they will look to house a forty-something couple with three kids while their house is occupied by no-paying scum. I will have to pay for the house content to be off-loaded and stored until we can get back into my house.

    Now, I have explored the gut reaction thoughts and rejected several offers from friends to go and provide advice to said tenant (including an option that involved eating the kids!).

    Thoughts anyone?

  2. That you really should listen to your mates.

  3. Sadly, tennants have more rights to your house than you do.

    It can take anything upto and including six months to get a court order that can legally have them removed.
    The world is a shite place, and tennants know it, they take squatters rights, that can keep them in there for the above period, and there is virtually nothing you can do, been there done that and worn the T shirt.

    Pay certain people a few grand, and the problems do tend to go away though.
  4. Am I mising something here? WTF has the council got to do with this? I would suggest the OB would be more informative on this.
  5. I think any sensible course of action wil require the wearing of a respirator by your good self. Get in there, turf them out on the street, change the locks, phone the police and say they touched your kids up and made racist comments towards you and your wife. It may not solve matters in the long run, but it'll feel fucking awesome. ;)

    PS If you can 'find' several bags of drugs dotted about the place, all the better.
  6. Watch the house, when they go out kick the door in and change the locks.

  7. As easy as that sounds, you will be breaking the law by doing that, trust me on this, the law is on their side, shite isnt it.
  8. If he still has a key for the door, use it. This way you are not (to my limited knowledge) breakng the law, as you have not committed 'breaking and entering'.

  9. I know. He doesn't have a legal answer, what he wants to do is upto him but if Hairy Jeremy wants to stay legal then he's in a B&B for the duration.
    If he wants his house back then changing the locks is the only real option but you are absolutely right, it is illegal.
  10. If you are in Scotland, the law favours the "last proprietor in possession" when the case gets to court, so Jagman's suggestion is not as unfeasible as it sounds. However, I would recommend the 6 month court case just to be on the safe side. When you get your house back, expect to do plenty of repair work before you move in.

    Some landlords are robbers who prey on the weak, or immigrants with poor English, to win the deposits off them, get them to do work in lieu of rent, or doubtless play some other trick. On the other side of the coin, some tenants are just dreadful people who will take advantage of a decent law-abiding landlord like you. You have my every sympathy, and I hope it gets sorted out sooner rather than later.


    Edited for mong spelling.
  11. As much as we and indeed I think, the right option, is to take back your home, honestly, the law is on the side of the tennant, in England anyway.

    Which in itself is a joke.

    When this happened to me, I was all for going in, kicking the shite out of them, and booting them out.
    Sadly, the law will not allow this sort of "rightful owner taking back what he owns.

    I spent months, and a lot of cash, getting the said arrseholes out of MY house, which they also managed to wreck in the process.

    It takes an age, and you get no compensation for any damage they do, other than going through the small calims court, which again takes an age.

    I was lucky in one respect, and that was, the copper who was there for the removal, (eventual removal) happened to pass me their new address.

    Payback does come to those who wait.

    But sadly, the tennant does have more legal rights to your home than you do, no ifs, no buts, they do. sorry.
  12. CountryGal

    CountryGal LE Book Reviewer

    Its a shitty and costly route but unfortunatly going through the courts is the only legal way to reposses your own house - Its not going to be a quick thing either, you might be better off renting somewhere yourself for 6mnths if you can whilst sorting it all out - Hope it works out well.

    On a side note, the law isnt always on the side of the tenant. If the tenant has paid in advance for a years rent say, and the house owner defaults on his.her mortgage the mortgage company can repossess the house and kick the tenant out despite them having already paid, and the tenant has no rights at all nor likely to get any of their money back.

    Renting can be a tricky business for both parties
  13. Yes thats right its the only LEGAL way.

    Its a good thing you are so law abiding otherwise they could be out by the end of the week.
  14. If it's insured set fire to it when they're out, it won't get you out of the B&B any quicker, but the tenant will be gone and the place will be newly done up.
  15. One important thing;

    Never trust the letting agents in this situation, they will give your the impression that they are working for you. make all the right noises of sympathy and tell you what your (pitiful few) options are.

    The reality of it is that their bread is being buttered by the tenants, (providing they are still paying rent) and the moment you move in, that's a source of income lost to the agents. It's not unknown for them to encourage the retention of the property by the tenant.

    So my advise is now think of them as working in the interests of the opposition, take everything they say with a sack of salt and get your advice from impartial sources.

    I'm not saying that your agents are necessarilly like that but to be on the safe side, be on guard

    Good luck