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customcarsuk



Member Since: 15 Mar 2013
Location: west midlands
Posts: 76

2007 Range Rover Sport TDV8 HSE Java Black
Help with a Eviction Notice

Hi

I need to service my tenants a Eviction Notice, This is the first property I am renting. Does any one have a copy or know where I could download one please?

Post #430346 Sun Jul 13 2014 6:50pm
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rigsby



Member Since: 20 Apr 2012
Location: Portsmouth
Posts: 879

England 

Hi mate, my advice to you would be to do it using a professional.

It is essential to serve the right type of notice and at the right time otherwise it is worthless. is it for rent arrears? MY16 AUTOBIOGRAPHY Indus silver with some toys

2012 3.0 SDV6 Luxury gone, but a great motor

Post #430359 Sun Jul 13 2014 7:13pm
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PEACHY



Member Since: 07 Nov 2010
Location: Birmingham
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Or hire a few loonies to do the evicting Whistle 16MY Estoril Blue SVR.............
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Post #430361 Sun Jul 13 2014 7:15pm
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Stuart



Member Since: 17 Oct 2013
Location: Manchester
Posts: 581

United Kingdom 2006 Range Rover Sport TDV6 HSE Java Black

If you need to serve a Notice to Quit, I can send you one of those where you simply fill in the gaps.

What type of tenancy agreement do they have? Is this a residential property?

Post #430364 Sun Jul 13 2014 7:34pm
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wilpert



Member Since: 25 Jun 2014
Location: London Village
Posts: 169

United Kingdom 2007 Range Rover Sport TDV8 HSE Santorini Black

I have a few rental properties and only once have I had to do this.

I cant remember the whole procedure as my tenant, who fell behind with rent (youngish woman told me she was ill so couldnt pay rent), well my letting agent arranged it through a solicitor and I had to pay about 300 quid up front, then they serve a court notice. In my case it didnt get to courst as she DIED Crying or Very sad but the agent advised me that in the agreement that he has in place, they have to sign one months notice, so you can get them out more easily.

Main issues these days are that the tenant has a lot of rights, i.e. if they have young kids or disabilities etc.

Have you exhausted all other avenues i.e. attempted to resolve it amicably?

you could look here if you havent already:
https://www.gov.uk/tenancy-agreements-a-guide-for-landlords

FWIW and I accept I am probably teaching you to suck eggs, but try not to get into deadlock and let friction build up, an angry aggrieved tenant who knows their rights can be a hard one to shift.

Good luck with it.

Post #430367 Sun Jul 13 2014 7:38pm
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rigsby



Member Since: 20 Apr 2012
Location: Portsmouth
Posts: 879

England 

don't pay £300 Shocked MY16 AUTOBIOGRAPHY Indus silver with some toys

2012 3.0 SDV6 Luxury gone, but a great motor

Post #430371 Sun Jul 13 2014 7:45pm
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rigsby



Member Since: 20 Apr 2012
Location: Portsmouth
Posts: 879

England 

I'm assuming it is for rent arrears and you have an AST of an initial period that has now expired. in effect this will automatically become a periodic tenancy and so it will be a section 21 notice that needs to be served on or before the rent due date.

Lets say the rent is due on the 23rd July, you can serve notice before this date but it doesn't become effective until the 23rd. The tenant will have to vacate the property on 22nd Sept. You will need to prove that the tenant has received the notice if you subsequently have to go to court to evict them, otherwise the court will reject it and you are back to square one. MY16 AUTOBIOGRAPHY Indus silver with some toys

2012 3.0 SDV6 Luxury gone, but a great motor

Post #430376 Sun Jul 13 2014 7:53pm
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wilpert



Member Since: 25 Jun 2014
Location: London Village
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United Kingdom 2007 Range Rover Sport TDV8 HSE Santorini Black

Ive been doing this for quite a few years but only spent the £300-00 once as a last resort and that was me being lazy/too busy to sit there stressing with forms and section 21 s etc. but sometimes these things have to be done and presumably you will be losing income from lost rent in the interim.

Plus if its a recent tenancy you would presumably have placed their one months deposit in the government DPS scheme, so that is ringfenced.

edit:
just seen this, seems cheap on the face of things:
http://www.landlordangel.co.uk/section-21-...tAodB1QAAA

Post #430377 Sun Jul 13 2014 7:55pm
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customcarsuk



Member Since: 15 Mar 2013
Location: west midlands
Posts: 76

2007 Range Rover Sport TDV8 HSE Java Black

I bought the Property off a friend of mine, Still had the tenants in there. They was claiming off the goverment who paid the money direct into his account then he paid me. As they was suppose to be leaving.
He served them a Eviction Notice, but that was Invalid as I am the legal Owner of the property.

I am still getting the rent off them. All I need to do is serve them a Eviction Notice, But I do not know which one i have to give them, a template would be good if some one had one?

Post #430393 Sun Jul 13 2014 10:28pm
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rigsby



Member Since: 20 Apr 2012
Location: Portsmouth
Posts: 879

England 

Is it an AST agreement?
Is it directly between you and the tenant?
Is it past it's fixed term?
Was it set up after April 2012?
Was the deposit protected? MY16 AUTOBIOGRAPHY Indus silver with some toys

2012 3.0 SDV6 Luxury gone, but a great motor

Post #430403 Mon Jul 14 2014 6:45am
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npinks
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Member Since: 26 Nov 2007
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Have you served them a notice of change of ownership too

There's some sound advice above, the best been contacting a solicitor, they can look at the whole picture and do the correct notices and processes, it's not sounding a straight forward agreement

Post #430404 Mon Jul 14 2014 6:57am
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MAW



Member Since: 06 May 2006
Location: Lincs
Posts: 3104

United Kingdom 2012 Range Rover Sport SDV6 HSE Orkney Grey

So it was bought with sitting tenants?
What is the reason you want them out?
Its often easier to persuade them to give you notice, but agree with Rigsby and Nick.

Depending on the above have you considered a rent increase? I take it they know you want them out now?

Post #430421 Mon Jul 14 2014 9:37am
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customcarsuk



Member Since: 15 Mar 2013
Location: west midlands
Posts: 76

2007 Range Rover Sport TDV8 HSE Java Black

Thank you for your replies

Basically I bought the house off a mate who had tenants living in there, they was council tenants and he was getting the rent paid to him direct. Was told they was leaving soon as the girl just had another kid and needed a bigger place to stay. As it is only a small 2 bedroom property. So she was applying for a bigger property from the council.
She had to prove she was getting evicted, So he gave her a eviction notice but they said it was not valid as he is not the owner now.
So basically I have to serve her a eviction notice, But I am struggling to find a copy or which one I have to give her.

I have not got a clue when it comes to rental properties, I just want her to move out so I can move in.

Post #430428 Mon Jul 14 2014 10:16am
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Ady 555
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Member Since: 12 Dec 2010
Location: Good old yorkshire
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United Kingdom 2012 Range Rover Sport SDV6 HSE Santorini Black

This could get very sticky.... If your mate has been claiming the rent for you, but he no longer owns the house Shocked And if the government find this out, they will ask him to repay all the money he has had from the date he sold the house, and you will have to claim the money off the government yourself as this is seen as money laundering or tax evasion, unless there is a paper trail to cover these transactions. Good luck with your eviction.

Last edited by Ady 555 on Mon Jul 14 2014 11:19am. Edited 1 time in total

Post #430433 Mon Jul 14 2014 11:04am
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customcarsuk



Member Since: 15 Mar 2013
Location: west midlands
Posts: 76

2007 Range Rover Sport TDV8 HSE Java Black

Was only a months rent and he had told them after the change over.

All I need is a template for a eviction notice

Post #430437 Mon Jul 14 2014 11:18am
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