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i_agree_with_nick
14 Jan 19 12:14
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Date Joined: 21 May 10
| Topic/replies: 14,008 | Blogger: i_agree_with_nick's blog
Someone I know tells me his tenant hasn't paid any rent for a year although I don't know when he commenced proceedings for eviction.
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Report sofiakenny January 14, 2019 12:16 PM GMT
Contact ackiebula..his son will have them out in two minutes.
Report Baphornet January 14, 2019 12:17 PM GMT
Assured tenant?
Report i_agree_with_nick January 14, 2019 12:19 PM GMT
Probably but not certain.
Report Baphornet January 14, 2019 12:20 PM GMT
it's important in the scheme of things IGWN
Report Baphornet January 14, 2019 12:21 PM GMT
bTW rent arrears is probably as bad a no no as can be
Report Baphornet January 14, 2019 12:22 PM GMT
there's an action called "Accelerated possesion"

If the landlord applies to the court for accelerated possession, the court will send you a copy of the application.

If you want to challenge the application, you must do this within 14 days of receiving it.

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)
have a court hearing (this usually only happens if the paperwork isn’t in order or you’ve raised an important issue)
Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order
If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you don’t leave at this point, your landlord can use bailiffs to evict you.
Report Baphornet January 14, 2019 12:24 PM GMT
there really isn't any good news when rent arrears is the issue
Report lybertyne January 14, 2019 12:25 PM GMT
Too long probably.  If the rent hasn't been paid the 'tenant' should forego all rights to remain.
Report Baphornet January 14, 2019 12:26 PM GMT
well yes, but there is an accelerant means, as i posted above. No judge will be sympathetic regarding rent arrears
Report i_agree_with_nick January 14, 2019 12:29 PM GMT
Thank you for that.

Could it be that tenants have been treated sympathetically because they have a young child?
Report LAMBETH WALK January 14, 2019 12:31 PM GMT
you have to issue them with a section 21
Report Arleystation January 14, 2019 12:31 PM GMT
Need to go through County Court in the first instance as soon as landlord realises a tenant won't pay.

Assuming tenant ignores the decision of the County Court, then landlord can apply for a High Court Writ Of Possession which is usually fairly rapid and entitles Sheriffs to turn up without notice to the tenant and evict forthwith.
Report Baphornet January 14, 2019 12:34 PM GMT
any one can ask for "the warrant of possession" to be set aside, it will then depend on the circs; i can't help on that one as you will know more than me. But as i said, most if not all judges will come down hard on rent arrears judgements
Report Arleystation January 14, 2019 12:39 PM GMT
But recalcitrant tenants often bury their heads in the sand and do not make any representations to the Courts. If they did, they would probably receive a sympathetic hearing and stave off eviction.

Landlords receiving no rent and/or fearing their properties are being trashed have no alternative but to seek the rather savage-seeming High Court remedy.
Report Baphornet January 14, 2019 12:45 PM GMT
i know tenants who have been very conciliatory and begged judges, they sill ended up on the street
Report mega88 January 14, 2019 12:54 PM GMT
Johnny mustang might know what you can get away with op
Report i_agree_with_nick January 14, 2019 1:08 PM GMT
Let me be clear, I am not the tenant or the landlord!
Report dunlaying January 14, 2019 4:31 PM GMT
Only this morning a young friend was told that it would take nine weeks to get to court . In this instance it is a joint tenancy where one of the students has gone back to Belgium leaving the other in the lurch . That was advice given by the university welfare officer .
Report dunlaying January 14, 2019 4:32 PM GMT
At least nine weeks that should be .
Report lux January 14, 2019 4:41 PM GMT
Neighbour of mine was evicted, it wasn't the court process that took the time, rather the 6 month backlog the bailiffs had after repossession had been granted.
Report 1st time poster January 14, 2019 4:41 PM GMT
doesn't it depend on why he,s withholding the rent,just a thought that maybe the landlord isn't upholding his legal responsibilities   as a landlord ,hence no court case as yet
Report i_agree_with_nick January 15, 2019 9:50 AM GMT
This is what I'm wondering, 1tp.

On the one hand, non-payment of rent for a year could cause a landlord severe financial hardship. On the other, if he's a cowboy, I'm wondering if the courts might be more sympathetic to the tenants.

Also, as I said earlier, they have a young child.

It seems unfair on the landlord to have such a long, drawn-out process, especially if he's relying on the rent to pay the mortgage but I'm thinking perhaps there's more to this than meets the eye and maybe he hasn't acted entirely honourably.
Report detraveller January 15, 2019 11:36 AM GMT
Most probably he's had an understanding with the tenant. or he's too rich. I can't imagine someone not getting his money for a whole year without having already involved the court. I've learnt that lesson the hard way. In Germany, if someone owes you money, you have to demand the amount within a period of time for it to be valid. After a specific time, the money isn't owed anymore. If its a year's rent, and assuming the tenant already has financial issues, the landlord will have a tough time ahead.

I had a tenant once who was indeed too rich. He hadn't raised the rent in 15 years and had never visited his own property after he bought it.
Report i_agree_with_nick June 22, 2019 2:12 PM BST
He finally got them out yesterday.
Report Torquemada June 22, 2019 2:28 PM BST
Nightmare. Did they leave the property in a good condition?
Report i_agree_with_nick June 22, 2019 2:32 PM BST
According to him, they've wrecked the place.
Report woundedknee June 22, 2019 3:33 PM BST
not long if you send the right people round Wink
Report UBLE/REGY June 22, 2019 3:37 PM BST
Direct Line say they will guarantee non payment of rent if used for renting out

I wonder if they deal with the evictions as well??????
Report Torquemada June 22, 2019 3:58 PM BST
Tenants who wreck somebody else’s property on top of not paying any rent for ages are obviously just lowlifes. They will do exactly the same wherever they go next to some other unfortunate people.

No excuse whatsoever not to keep the house clean, tidy and undamaged.
Report Dr Crippen June 22, 2019 4:13 PM BST
The correct way to go about granting a tenancy is to demand references from the prospective tenant.

No references - no tenancy.

That's the way it has to be until the law is changed to make wanton damage of a rented property a criminal offence.
Report i_agree_with_nick June 23, 2019 1:06 PM BST
He's got about 12 BTL properties. He's also got a full-time job.

He doesn't use a letting agency. When I asked him if he had these tenants screened, he mumbled something about the person he usually uses didn't do it on this occasion.

The result is he's lost up to £17k in rent, plus legal fees and the cost of making good damage to the property not to mention all the associated stress and aggravation.

I suppose he might get some money back from the tenants depending on a court ruling.
Report Dr Crippen June 24, 2019 10:11 AM BST
Insurance companies who cover landlords for damage and loss of rent, are very particular over the choice of tenants they will insure against.
If the conditions set out for the tenants aren't met then it's no payout.

Landlords should treat every applicant as a potential problem, and the first doubt should be enough to make you leave well alone, especially while the criminal law offers no protection at all for landlords.
Report Facts June 24, 2019 12:11 PM BST

.........Landlords should treat every applicant as a potential problem.......




All tenants are viewed as second class citizens now are they ??!!
Report aaronh June 24, 2019 1:01 PM BST
someone pray for the landlords LaughLaughLaugh
Report Dr Crippen June 24, 2019 3:34 PM BST
All tenants are viewed as second class citizens now are they ??!!

Your words not mine, but if that's how you view tenants why don't you share your reasons for thinking like that?
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