Monday 3 June 2013

Evicting tenants after their section 21 notice to leave has expired

How do you get your house back from tenants after serving them their legal 2 month notice for failure to pay their rent?

Well I'll be able to tell you that in a few days after I've paid a solicitor £175 per hour plus vat and submitted my repossession order to the courts (fees unknown).

We rented our house out in March 2011 with a local agent, he sold the business later that year and then in March this year they sold it on again. Between November 2012 and right up till today we've had problems collecting the rent. I only found out by chance in February that no rent had been paid since the previous October, fuming on 2 counts. 1. What right does anyone have to live rent free and 2. Why didn't the agent tell me? Anyway point to is immaterial now, I have the rent from the guarantor up to May 24th, which was the date given back in February for the tenants to leave the property, but they haven't they've stayed put and say they have no where to go, despite being informed by the agent that I'm back in the country and have started court proceedings.

Except I haven't started court proceedings. I had to wait till the first working day after the notice of eviction expired which was Tuesday last week. I made a claim to my insurance company as I am paying for legal cover, they take 3 days to tell me I need to provide a personal reference for the tenants, so after finally getting in contact with the original agent I discover one wasn't carried out. So I've wasted a week, the insurance won't cover me and I've booked to see a solicitor tomorrow afternoon.

When one has no experience of something how the hell does one know what questions to bloody well ask when taking out insurance policies, renting a property. I made a silly assumption that if I hire a company to do something for me that they will know what they are doing and maybe mention the things I need to have in place to prevent getting into difficulty later down the line. I've just been wasting my time and money with so many things and I am very angry.

When I google 'how to evict tenants' the results are from Shelter, the CAB and other homeless charities advising you on your rights should you be evicted, there is very little to protect the decent, honest landlord who thought 'I'll rent my house out while I'm living overseas, as it seems silly having it empty when there are so many homeless and low income people about' Well stupid me for thinking that I may have some rights.

The guarantor is elderly and ill and does not have any more cash to pay for his daughter and son in law to have a roof over their heads, but that's not my fault and I will not feel guilty if he has to sell his house to pay my costs, I'm not running a charity.

Apart from the costs to evict the tenants through the court and the loss of rent and future rent, plus all the repairs that need doing and the cleaning, I've travelled from South Africa to evict the tenants, I will have to extend my 4 week stay, I have accommodation and tr4ansport costs to cover and still have a mortgage payment to make each month.


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