No signed lease, no rent! can i evict!

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   Morning,

Last time this happened to me (most of my tenants just leave when we get court order!) we had to go back to court to get a bailiff.  The Judge should give you and the tenant a date when they have to leave the property, by the sound of the way your tenant is acting i doubt she willl leave on the date the judge says.  This is when you will have to go back to court.

Have the local neighbours reported the parties to the police? I would find out if they will be willing to do so.  This might make your case stronger. 

I know how you feel about the hammer lol I could do that to a few of my tenants but i will leave that to the court and CCJs 

I dont think the council will really to much to be honest, us tax payers, will have to pay for her housing benefit and what ever else she will claim for.

I hope that has helped, i have had that much experience on getting the bailiffs as my tenants either leave the property owing me £1000 or they leave before i get the bailiffs out.  Im sure there are others on here that have had more experience dealing with court bailiffs.

I will keep my fingers crossed for you, let us know how you get on.

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Amberleisure Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 07 July 2008 Online Status: Offline Posts: 15	Quote Reply Posted: 20 July 2010 at 9:41am
	Morning, Last time this happened to me (most of my tenants just leave when we get court order!) we had to go back to court to get a bailiff. The Judge should give you and the tenant a date when they have to leave the property, by the sound of the way your tenant is acting i doubt she willl leave on the date the judge says. This is when you will have to go back to court. Have the local neighbours reported the parties to the police? I would find out if they will be willing to do so. This might make your case stronger. I know how you feel about the hammer lol I could do that to a few of my tenants but i will leave that to the court and CCJs I dont think the council will really to much to be honest, us tax payers, will have to pay for her housing benefit and what ever else she will claim for. I hope that has helped, i have had that much experience on getting the bailiffs as my tenants either leave the property owing me £1000 or they leave before i get the bailiffs out. Im sure there are others on here that have had more experience dealing with court bailiffs. I will keep my fingers crossed for you, let us know how you get on.

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 29 July 2010 at 12:25am
	Hi, thanks for the help, the neighbours are absolutely sick and wiling to give full statements but as I'm pursuing this through non payment of rent I'm not sure how much these statements will be at this stage, police have been out continuously and couldn't believe the condition of the flat! I'm just praying that the initial court dare goes well (ideally she won't show in court) and I'll get posession! If not it's straight to the nearest solicitor and they can do the rest! I'm tired of the hassle but have never felt such anger and frustration towards someone! Learning fast!!!

Grampa Members Profile Send Private Message Find Members Posts Add to Buddy List The 1,000 Posts Club Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348	Quote Reply Posted: 29 July 2010 at 8:23am
	You do have maybe one other option which is to speak to the police and if they have been out to the property a number of times they can get a court order (forget what its called)straight away. The only problem its against the property not the tenant and NO ONE can go back into the property until the order expires or overturned.
	The advice I give should not be construed as a definitive answer, and is without liability.

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 29 July 2010 at 11:47am
	OK, ill investigate that should anything go wrong next week, Would that end the tenancy agreement?

Grampa Members Profile Send Private Message Find Members Posts Add to Buddy List The 1,000 Posts Club Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348	Quote Reply Posted: 29 July 2010 at 5:25pm
	No it wouldnt but it wouldnt allow anyone to live there.Which could mean the tenant may choose to live else where.
	The advice I give should not be construed as a definitive answer, and is without liability.

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 30 July 2010 at 9:51pm
	Right, got one last complexity on this! The gas cert is about to expire, the previous one was sent to the tenant but I'm fretting that she may claim she never received it and deny me access to renew it before court day..... Am I right in presuming that should she take such a course of action the court will only look at the rent arrears or could this bd s major spanner in the works? I now have no contact with the tenant so getting this gas cert renewed could be a headache!

Richlist Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List The 2,000 Posts Club Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332	Quote Reply Posted: 31 July 2010 at 7:49am
	Personally I'd view the renewal of a gas safety certificate as an emergency requirement. Emergencies allow the landlord & or workmen to enter the property to carry out safety/ emergency work. Thats what I'd do but others may have a different view.
	Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.

Carryon Regardless Members Profile Send Private Message Find Members Posts Add to Buddy List Executive Member Joined: 06 June 2009 Location: North West Online Status: Offline Posts: 344	Quote Reply Posted: 31 July 2010 at 10:43am
	The previous gas check should be easily demonstrable by the relevant certificate. So any arguments over that are really immaterial, and not really relevant to rent arrears. If you can show other previous certificates this will show your continued commitment to compliance. Where a tenant has made it difficult for the engineer to access I have sent, recorded, letters detailing the problem to the tenant, and of course suggesting a date, for access, to be confirmed. This in my view is as much as we can be expected to do to comply with legislation. As repossession proceedings are in place the check will be carried out as soon as is reasonably practicable. Well, before a new tenant moves in anyway.
	CoR

Richlist Members Profile Send Private Message Find Members Posts Visit Members Homepage Add to Buddy List The 2,000 Posts Club Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332	Quote Reply Posted: 31 July 2010 at 12:36pm
	Where a tenant has made it difficult for the engineer to access I have sent, recorded, letters detailing the problem to the tenant, and of course suggesting a date, for access, to be confirmed. This in my view is as much as we can be expected to do to comply with legislation. CoR....That response falls far short of what is acceptable. Neither I or my family would be prepared to live next door to a rented property that did NOT have a valid gas safety certificate. Now, either a gas safety certificate is required or it is not ....... we already know the answer....... it breaches the law and falls far short of a safe environment. The fire safety officer, environmental health, H& S, the police, local community association, local councillor, the MP etc etc would all I'm sure put pressure on the authorities to deal with it NOW......not when it suits the tenant or the landlord. Failure to ensure a valid gas safety certificate endangers the lives of everyone in the vicinity.....I'm not prepared to accept that .....are you ?
	Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.

Carryon Regardless Members Profile Send Private Message Find Members Posts Add to Buddy List Executive Member Joined: 06 June 2009 Location: North West Online Status: Offline Posts: 344	Quote Reply Posted: 31 July 2010 at 2:35pm
	My home has no gas safety certificate and my neighbours have never expressed any concern or interest. I would be surprised if my neighbours had any form of gas safety inspection on a regular basis, if at all. I have no right to request evidence that they have. For a LL to gain entry on the grounds that there is an emergency here would put him / her at risk. If the inspection is carried out and no issues found then there was no detrimental state and no emergency. If there is a smell of gas most responsible people, resident or neighbour, would call for the relevant authority to send a 'sniffer van'. From there the authority would take action if needed. Often legislation places the onus on the perceived 'responsible' individual. Also very often it fails to consider possible scenarios where the responsibility has conflict with other legislations. We are supposed to ensure the annual gas inspection, we are also supposed to make sure that our properties meet other required standards. We are also prohibited from affecting the quiet enjoyment of our tenants, no matter if they are bad or even disgusting dwellers. The legal bods would enjoy the arguments, at our expense, when it is perceived that we have contravened one of these 'rules' at the expense or with the excuse of another 'rule'. My 'personal view' is that I would demonstrate 'reasonable' effort to cause the inspection. I would not attempt to police the action.
	CoR

No signed lease, no rent! can i evict!

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