# Evicting a Tenant, Help!



## maggieb (8 Aug 2008)

Hi, this is my first time to post. Might be a bit long winded but here it goes. 

Have been a landlord for 3 years and never any problems up to now. Got a new tenant in March and although she has paid her rent every month (never more than 8 days late) i have never had a good feeling about her. Got a call 2 wks ago to say the living room window had been put through and an attempt at the door also. She claims it was mistaken identity! Due to the fact that she scrapes her rent together every month i figured the best thing to do would be to deduct the cost of the new window from her deposit when she leaves. Anyway to cut a long story short, her rent was due on last day of July (she pays a month in arrears s.w.)and she still hasnt paid. She replied to my call by text on tuesday and said she was away and would arrange for her sister to meet me with rent yesterday. Sister never turned up at house and i think she has just left (her phone is switched off). If she has, happy days, it will be good riddance. I will be out of pocket but feel its worth it to get rid of her. My question is what if she hasnt and comes back? i want to serve her notice but not sure how much notice i need to give her? is it 4 weeks from when her rent was due or 4 weeks from when (and if) she makes contact with me? also if she does come back to the house and still no rent what should i do?

Sorry for the long post. Would appreciate your advice.

Thanks


----------



## loll (8 Aug 2008)

If she is recieving SW Rent Allowance, report her!!


----------



## Blossy (8 Aug 2008)

perhaps she is abroad and her phone turned off for that reason? i would reckon if she struggles and is away, then i would guess she is going to hold out as long as she can not to pay. maybe last fri being BH wkend and this fri she away? id give it til next fri, give her a warning, and if it happens again, go with notice period agreed on contract. although if you really want her out, you can give the notice period. Not sure if you have to give her a reason tho. if her windows got blown in and your property being vandelised then i reckon tread carefully, she may retaliate!!


----------



## mangos (8 Aug 2008)

If you only got the tenant in March you can evict within 6 mths without giving a reason-you must give 28 days notice of eviction.  If your tenant goes beyond six months then you will have a litany of criteria to fulfill before you can evict her as per the Residential Act 2004.

So issue the notice of eviction as soon as possible giving her 28 days to vacate the premises

Mangos


----------



## mercman (8 Aug 2008)

Did you try and contact her sister ?? Now if this was my property and the same happenings occurred I would give her immediate notice. H|ave you inspected the property ?? On the basis of what has already gone on, I would hope she is OK !! Have you considered changing the locks ??


----------



## G7979 (9 Aug 2008)

Issue a 14 day notice to pay arrears today drop it off in person to the property, then if she is not fully up to date at teh end of the 14 days issue her a 28 day eviction notice, see the PRTB website for sample letters and the correct wording for eviction notice

[broken link removed]


----------



## S.L.F (12 Aug 2008)

I could be wrong but does this fall under emergency abandonment.

Rent not paid tenant not in the country.

No way of contact.

Text or call her sister and tell her you are taking the flat back.

Then see what happens.


----------



## Bronte (12 Aug 2008)

You cannot do what SLF suggests as you may land yourself with more problems.  Do exactly (to the letter) what it says on the PRTB website in issuing any notices if that is the route you are going to go down.  If you are lucky she may already be gone.


----------



## S.L.F (12 Aug 2008)

I know A LL who's SW tenants stopped paying their rent.

A neighbour called LL to say there was a water leak at the property.

LL tried desperately to contact SW Tenant, no response.

When LL went down to property, found water pouring out the front door, the SW tenant had blocked all the plug holes with tissue and left the water running.

Cost thousands upon thousand of Pounds to have it put back to rentable standard.

House destroyed and no come back.

To the OP your case sounds to me like emergency abandonment, I strongly recommend you go down to your property and check it.

Call to the house leave a note stuck to the door over the key hole so if she is there she'll have to take the note down before she opens the door.

In the note put you believe she has abandoned the property and are taking it back under the terms of the Lease, put in it to call you urgently.

Then call the following morning at the time stated and enter the property and check it over if her stuff is gone happy days if it is still there Text her and tell her you are evicting her for non-payment of rent.

First and foremost read the PRTB stuff about evictions


----------

