Evicting a tenant.

[CornishTone]

Apologies for lighting the touch paper and disappearing. Spent yesterday down at the Royal Cornwall Show forgetting about all this nonsense!

I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

 

[Pond digger]

Its classed as a mobile home, but doesnt look like one
But it will likely outlast the crap being built all over britain right now at the taxpayers expense

“Built at taxpayers expense”. Can you explain further?

 

[multi power]

@CornishTone just needs to tell her "leave means leave", pretty much guaranteed to work.

Ffs Pete 48% of the population can't get their head round that

 

[ollandroverman]

While I agree with you on this, what makes you think the tradesmen that are employed to build prefabricated houses are any better than the ones building in a more traditional method .

I certainly don't think modern tradesmen are any better. As i mentioned above, many modern building methods are chosen to be replicable time and again to superficially similar standards without replying on higher skill craftsmen.
However, don't think that because a building is old, it was build by better tradesmen. The constriction methods gave durability, not their skill levels in most cases.

 

[ollie989898]

Apologies for lighting the touch paper and disappearing. Spent yesterday down at the Royal Cornwall Show forgetting about all this nonsense!

I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

Get over there and keep knocking on the door.

 

[CornishTone]

Get over there and keep knocking on the door.

That could be considered harassment?? She’s a pro remember!

 

[robcollins]

@Cornish tone, is there an outdoor meter box? If someone unbeknownst to you were to cut all the seals and pull the fuse, that’d be inconvenient. Especially if the DSO received an anonymous report for meter tampering.

She knows all the tricks if she is already a land lord. She is taking this opportunity to do it to someone else.

It would also be inconvenient if concrete Lego blocks were placed on the driveway while she was out.

 

[unlacedgecko]

@Cornish tone, is there an outdoor meter box? If someone unbeknownst to you were to cut all the seals and pull the fuse, that’d be inconvenient. Especially if the DSO received an anonymous report for meter tampering.

She knows all the tricks if she is already a land lord. She is taking this opportunity to do it to someone else.

It would also be inconvenient if concrete Lego blocks were placed on the driveway while she was out.

Don't get caught. A tenant is entitled to quiet enjoyment of the property.

 

[Rowland]

I remember a tv item on a prefabricate housing company nearby so I did a bit of research and this is the 1st part of the story it goes on to say the houses are not very big and short on storage.

“. The UK is entering a new era of prefab homes with the opening of a Yorkshire factory that will build fully-fitted three-bedroom homes with a price tag as low as £65,000.

Eight houses fitted with kitchens and bathrooms will roll off the production line every day in Knaresborough, to be loaded on to lorries for delivery across the country. Experts have hailed it a revolution in British housebuilding that would slash the 40 weeks it could take to build a traditional home to just 10 days.

The factory cost of a two or three-bedroom home would be from £65,000 to £79,000, although that excludes the cost of land, on-site assembly and connecting the home to services, which could double or triple the final price.”


https://www.google.co.uk/amp/s/amp....olution-65000-prefab-homes-go-into-production

 

[tepapa]

@CornishTone sounds like you have to bide your time but could you organise trades men to do a bit of work to the property even if it doesn't really need doing? As landlord you have responsibility to maintain the property as as such the bathroom needs re plumbing. If the Tennant doesn't approve maybe just do some work to the garden, patio or shed, just to make it inconvenient to her with trades coming and going and requiring access

 

[PSQ]

Don't get caught. A tenant is entitled to quiet enjoyment of the property.

What about the soon to be 'resident' owner, and his pregnant wife, having given legal notice for her to move?

(A hessian sack stuffed down a rodding hole for the septic tank / sewer pipe on the night after she's supposed to leave would have her out in 24 hours, just saying... )

 

[Danllan]

...I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

This is the problem, if another party has a working knowledge of the system and the law, they can make life difficult. However... I think the limitation period on things such as this is six years, if you were put out of pocket and have all the necessary evidence it wouldn't cost much to make a small claim some time before the summer of 2025.

Were I you, I'd be inclined to sort out all my other matters, settle down again and then proceed at my leisure. I'd probably begin with the agent* as the primary target and bring the lovely lady in on a joinder - I may even look toward a Bullock Order to indemnify myself against losing with one of them. Since that would seem to be very unlikely with regard to the agent, the BO to cover her costs would be a sensible move should she successfully defend herself.

*You have to attempt an out of Court settlement first anyway and I can't believe he is daft enough to think he'll win in an action. So state your losses, plus maybe 20% for him to bargain down, and be clear that you will sue if necessary; and then do it if you have to.

 

[bobk]

Shame the bitch on social media , bad news travels fast , tell anyone and everyone

 

[Kiwi Pete]

This is the problem, if another party has a working knowledge of the system and the law, they can make life difficult. However... I think the limitation period on things such as this is six years, if you were put out of pocket and have all the necessary evidence it wouldn't cost much to make a small claim some time before the summer of 2025.

Were I you, I'd be inclined to sort out all my other matters, settle down again and then proceed at my leisure. I'd probably begin with the agent* as the primary target and bring the lovely lady in on a joinder - I may even look toward a Bullock Order to indemnify myself against losing with one of them. Since that would seem to be very unlikely with regard to the agent, the BO to cover her costs would be a sensible move should she successfully defend herself.

*You have to attempt an out of Court settlement first anyway and I can't believe he is daft enough to think he'll win in an action. So state your losses, plus maybe 20% for him to bargain down, and be clear that you will sue if necessary; and then do it if you have to.

That's very good advice, as usual, @Danllan

 

[Hooby Farmer]

Havnt read all the posts yet as these type of tenants make my blood boil. The last tenant we evicted handed back the keys after months of going through this crap. House was in decent condition when the agent did the handover. We had a new client lined up. less than 24hours after they had moved out new agent went to show potential client round. House completely flooded, complete bottom story of the house destroyed. However the tenant had nothing to do with it because they handed the only set of keys they had to the estate agent......yeah sure.

 

[Old McDonald]

Your post is sound and I would, usually, advise to consult a competent professional in the relevant field. But, in this instance, I think the agent's lack of competence is self-evident and that the matter should be left in the hands of his boss as far as possible, thereby by avoiding stress and expense (no matter how recoverable) etc. for Tone. Tone's resignation to put up with a bit more of a wait is a second factor. Of course, that assumes that the boss is competent...

If not, the difficulty of instructing a good solicitor, in any given field, is finding one. Some are exceptionally good, but they are few and far between and, understandably, expensive. Look for the Legal 500's suggestions in the area? Could do, and could be lucky with who you choose; but personal recommendation is always best.

There is no easy solution likely to get the desired remedy for Tone, but the least stressful is the route I suggest for now.

Apologies for lighting the touch paper and disappearing. Spent yesterday down at the Royal Cornwall Show forgetting about all this nonsense!

I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

This is the problem, if another party has a working knowledge of the system and the law, they can make life difficult. However... I think the limitation period on things such as this is six years, if you were put out of pocket and have all the necessary evidence it wouldn't cost much to make a small claim some time before the summer of 2025.

Were I you, I'd be inclined to sort out all my other matters, settle down again and then proceed at my leisure. I'd probably begin with the agent* as the primary target and bring the lovely lady in on a joinder - I may even look toward a Bullock Order to indemnify myself against losing with one of them. Since that would seem to be very unlikely with regard to the agent, the BO to cover her costs would be a sensible move should she successfully defend herself.

*You have to attempt an out of Court settlement first anyway and I can't believe he is daft enough to think he'll win in an action. So state your losses, plus maybe 20% for him to bargain down, and be clear that you will sue if necessary; and then do it if you have to.

I have quoted the on topic posts. My suggestion of engaging a solicitor now was based on the knowledge that Cornish is back home where he knows a lot of people, presumably including those who can give an honest opinion on the competence of the various legal firms.

At the same time I can appreciate him not wanting to start anything at the present time and waiting a few more days may well be the easy answer. I have moved around the world enough to know that there are a myriad of things to be done on first arrival - even if that move is back "home".

I like the idea that he bides his time until he has possession and then start something. During those inevitable sleep interrupted nights he will have plenty of time to sort out everything in his mind. I have always found that if someone really annoys me or costs me time and money it is best to wait until they think they are in the clear. It seems to hit them harder then - and undoubtedly gives them interrupted sleep too.

Thanks for reminding me about Bullock (and Sanderson) orders. I looked them up. As I previously posted it is a long time since I was involved in English law, but even now find it fascinating.

 

[Danllan]

… Thanks for reminding me about Bullock (and Sanderson) orders. I looked them up. As I previously posted it is a long time since I was involved in English law, but even now find it fascinating.

I think a Sanderson is less likely than a Bullock in this instance because there is a greater degree of separation than would normally be the case where a Sanderson is employed. Not my field and so I have only personal rather than professional experience of these, so I'm happy to be wrong, but I think this is the case.

Fascinating? The more I see of it the more I find it frustrating; but, in general, the law is just a tool, like a hammer, wrench or what have you and, when used properly by someone who knows what they are doing, will fix a problem. The simpler the base, and codification will help, the better the system will become, but the Common Law's flexibility is an undoubted advantage too, when it works in one's favour...

 

[Chris F]

Apologies for lighting the touch paper and disappearing. Spent yesterday down at the Royal Cornwall Show forgetting about all this nonsense!

I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

More than happy to have a quick call with you on Monday, I have evicted a lot of tenants over the years. However time isn't on your side.

Starting with, they can't refuse a notice, but they can refuse to leave on that date. Your next option is to file court papers. But that will take months.

It isn't expensive and you can do it yourself assuming the notice has been served correctly. You said it was a section 21 (4)a. So you don't have to give reasons.

Personally, I'd serve the court papers and they them you are doing so. But its likely by the time you get to court -8-12 weeks, they will have gone anyway.

You can take the court fee's from their deposit.

However you always get your property back. It just takes time.

 

[nelly55]

Apologies for lighting the touch paper and disappearing. Spent yesterday down at the Royal Cornwall Show forgetting about all this nonsense!

I have now offered her 3 dates that the inventory clerk can do and she has stopped communicating.

She is clearly just taking the p1ss and biding her time till her other bathrooms are finished.

We clearly have only two options now. Involve solicitors and get nasty with both tenant and agent, or just wait until her house is finished and hope she goes voluntarily in due course.

I’m loathed to let the bitch win but we don’t have the funds or time to go through all the legal shenanigans if it doesn’t go our way.

We will see what Monday brings!

If you have the paper work all in order,fill in the court paper yourself (I did even with the tenant from hell and went to bailiffs)can’t remember cost but around £200/£250 I think.section 21 is a get your house back .Don’t keep giving in to her,if you issue court paper costs will be awarded to You so take it out the bond.I’m a landlord of over 20 odd years ,been the nice guy it doesn’t pay in the end.You would have been a few weeks down the line if you had acted on notice day.She is playing the game but it will cost you so make it cost her.

 

[bobk]

Can you no longer threaten them with physical violence ?