They have done so now for since dec 2008, they had informal tenancy agreement and a way below market rental as i thought they would look after it. the 2nd yrs tenancy was issued march 2010.And yes its all legal, papers, insurances etc etc.
Anyway to cut things short i had an arguement with her husband and he stopped paying rent to be clever ,then he said he wanted a agreement through an agency, i refused as i checked with my solicitor and the agreement they had was legal..Anyway things got worse, he did work on the electrics and i had to pay over a thousand pounds to get it put right,he changed the locks and sent me the bill but no keys,and he has removed permanent fixtures and messed up my garden…it was going to court for repossession and arrears of 6 months and he paid up the day before the papers were being taken to court. I spoke to my sister and she apologised and i thought things were ok. So I let it slide
But he then again asked for agreement from agent, i dont want to use an agency, i can do it myself but i got a comprehensive agreement done for him through a Landlord solicitor which is very good.
.I told my brother in law i was increasing the rent to near market rental when i issued the new agreement for the 6 months that he wanted and he said fine, he would pay it no problem…its what he wants….. Anyway i waited till xmas was over and thoght id issue the new agreement in feb with rent increase to take effect then…Now he says he isnt paying it….
i cant win with this guy, he treats me awful because im family and he thinks he can get away with it.
what do i do now…his old 12 month tenancy runs out in march, can i just take my property back then if i issue two/three months notice or do i need a reason to do it….i will never be able to trust this guy. My sister wont stand upto him..What if i decide to sell can i get them out then…they say never let to friends and family, They think they can do what they like because they are related
the property is in the uk
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2011-01-11 9:35:21
Firstly, and most importantly, you can NOT remove these tenants involuntarily without a court order. To do so could result in 6 months prison.
Selling won’t get them out, they are entitled to stay put and the new owner becomes their landlord – would you be willing to buy a property like that?
However, the legal way to do it isn’t that complex. This link gives you the process in an easy to understand way http://tenancyanswers.ucoz.com/index/ast_tenants_in_breach_of_contract/0-36
EDIT: Both the links by bazza, although essentially correct, contain errors, so beware. Bazza, if you want to know what they are – email me
2011-01-11 9:35:21
Your right never rent to family and friends.
No you do not have to have a reason but you do have one and that’s his behaviour, it does not suit you to productively run a business with this sort of person. Also he has removed fixed structures and messed with your electrics without permission. You SHOULD give him notice and just say to your sister its not working out, it has nothing to do with you etc etc.
He is dictating to you how to run your business that is crossing the line and intimidation, if he does not like the fact you are not going through an agent and that the price is going up then he can leave!!
Get your lawyers to draw up a notice!!
2011-01-11 9:35:21
You do not need a reason to repossess your property where a shorthold agreement is in place.
You can serve a section 21 notice at any time but at least two months before the end of the period of tenancy. Earlier rather than later is safer. The first link explains the law, the second is a free form.
2011-01-11 9:35:21
Blimey that/s terrible.. my friends been living in my flat and just paying the bills… I’ve given him notice and believe he will honour my decision but next time I will make it legally binding to maker sure… I wish you all the best with that.
2011-01-11 9:35:21
You should check the tenancy laws in your area. However, you can ask him to move out when the current lease is up. In the US you usually need to send a written notice to vacate at least 30 days prior to the end of the lease. You do not need a reason to send the notice to vacate. It can be something along the lines of "By law, I am sending this notice X days/months in advance to inform you that your lease is up March 31, 2011 and you need to vacate the premises by 11:59PM on that date." It does need to be written, dated, and signed by you. You can post it on his front door and that should suffice as delivery. Keep a copy for yourself as well.
As for the things that he messed up and you had to pay for, you can take him to court over those things. You’ll need proof of what he did, when he did it, and what you had to pay to fix everything. If I were you I would wait until the lease is up and they leave the property first.