No signed lease, no rent! can i evict!

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   Hi,

Thanks for any help anyone can offer me! Im a amateur landlord who rents a property as I live elsewhere.

To cut a long story short my latest tenant has paid no rent since moving in three months ago and so owes in the region of £1000. She has offered all the usual excuses but now I want her out.

She has the copy of the lease which foolishly I didnt get back from here when she moved in.

Question is this! Can I just evict her? How much notice should I give? Can I write my own eviction notice? and finally if she doesnt move on her own accord can I just kick her out? Or do I need a court order?

Thanks and any help much appreciated!

Steven

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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 Topic: No signed lease, no rent! can i evict! Posted: 21 April 2010 at 11:17pm
	Hi, Thanks for any help anyone can offer me! Im a amateur landlord who rents a property as I live elsewhere. To cut a long story short my latest tenant has paid no rent since moving in three months ago and so owes in the region of £1000. She has offered all the usual excuses but now I want her out. She has the copy of the lease which foolishly I didnt get back from here when she moved in. Question is this! Can I just evict her? How much notice should I give? Can I write my own eviction notice? and finally if she doesnt move on her own accord can I just kick her out? Or do I need a court order? Thanks and any help much appreciated! Steven

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: 21 April 2010 at 11:19pm
	I should also add! Any chance of getting back th unpaid rent if she does move? Without any address or much personal information on her would it be possible to sue her for the missing rent?

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: 22 April 2010 at 6:53am
	Even without a contract she still has a verbal(parole) tenancy and it is still possible to evict. Without a contract the s21 eviction process is simillar to the s8 route but if more than 2 month rent is owing just go down the normall s8 route, I take it you know her name and the date she moved in and the agreed rent amount.
	The advice I give should not be construed as a definitive answer, and is without liability.

julles Members Profile Send Private Message Find Members Posts Add to Buddy List Executive Member Joined: 02 August 2007 Location: United Kingdom Online Status: Offline Posts: 317	Quote Reply Posted: 22 April 2010 at 12:44pm
	So let me see if I have this correct you have a tenancy agreement signed by both of you , just that you did not keep a copy yourself ? You moved her in with hardly any personal info you should have got things like national Insurance number full names , date of birth, next of kin .all of these things and a whole list of other info can be used if you need to trace her later. All you need to do is serve the correct papers Grampa has advised , assuming of course that you have protected her deposit,otherwise the section 21 will be invalid.
	Julles

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: 22 April 2010 at 11:50pm
	to be honest i havent protected the deposit! all in all a bit of a mess! fast learning tho! i can handle not recovering the unpaid rent. Im more just interested in getting her out. i am planning to serve her a notice to leave by hand when i visit tomorrow. Does that sound the best way to go so far?

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: 23 April 2010 at 8:00am
	Yes you can serve the notice by hand but if you then haveto apply for a court hearing you have to add wittness statements as well. I find the best way is to post 2 copies 1 by recorded and the other with proof of postage and all you have to do is send a photo copy in with the court application.
	The advice I give should not be construed as a definitive answer, and is without liability.

julles Members Profile Send Private Message Find Members Posts Add to Buddy List Executive Member Joined: 02 August 2007 Location: United Kingdom Online Status: Offline Posts: 317	Quote Reply Posted: 23 April 2010 at 1:05pm
	As long as you are using the section 8 route as deposit protection is not a requirement of this notice . But it is a requirement by law that the deposit is protected so you stand to lose alot more than just some rent . If the tenant is savvy they can claim 3x deposit amount , plus deposit , plus any costs involved in claiming ..tough penalties for not complying with the law. Once the notice is served i wouldprotect the deposit immediately. Good luck , let us know how you get on
	Julles

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: 11 May 2010 at 12:52am
	OK, further update! I have collated some information on the tenant and have NI number, parents address, date of birth etc so should be able to locate her if it gets messy. I served section 8 and section 21 on her after examining the property and found it to be completely filthy. She is now due to move out tomorrow but has told me she cant as she has nowhere to go, so I am now at the stage where I need to apply for the court order. I think I have done everything right apart from not protecting the deposit initially. Can I now do this? Or will the court ask why it wasnt protected initially? I know I may appear amateurish and to be honest I am on a steep learning curve with this as I am very much an accidental landlord! The original six month lease is up on June 4th and she is teling me she will be out by then but to be honest I dont believe a word she says! So, if I protect the deposit can I then send off court order as per the section 8 notice I have served? She signed copies of all eviction notices and tenancy agreements so I have the paperwork sorted! I think!!! Many thanks for your continued help!

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: 11 May 2010 at 7:00am
	Put the deposit in a deposit scheme now and that will stop any future claim. You can bet your life as soon as you start the court proceedings she will get advice from either the council or CAB and they will soon tell her about a x3 claim. Sent off for a court hearing today. see last post in this link: http://www.landlord-forum.co.uk/forum/forum_posts.asp?TID=4589
	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: 03 June 2010 at 6:21pm
	OK guys, Im looking to tie this up this week, im in the process of protecting the deposit to ensure she cannot claim me for that and just got two further questions. Can I sue for recovery of unpaid rent and for the cost of submitting the court pack and also for costs incurred by me in the pursuit of the rent? ie petrol, interest etc? Which court should I send it to? One nearest the property I presume? Thanks for all your help! SM

No signed lease, no rent! can i evict!

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