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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I rent a property for a cash for now to four tenants . With

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I rent a property for a cash for now to four tenants . With all of them we had a verbal agreement that either parties can give one week notice. One of the tenants is giving loads of problems , lying about me saying bad things about me and people are moving out all the time because of her. How can I get rid of her?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Do they all share a house including amenities?

I presume that you don't share with them?
Customer: replied 2 years ago.
No, because I got me tried and move to my husband flat. I pay council tax and water and gas and electricity is on a key and a card
Expert:  Remus2004 replied 2 years ago.
Sorry?

Im no sure I understand?
Customer: replied 2 years ago.
No , I don't share the house with them. I recently got married and moved in with my husband . But I still pay council tax and water , gas and electricity is on a key and a cards
Expert:  Remus2004 replied 2 years ago.
Did you ever share the house with them?
Customer: replied 2 years ago.
Yes, with the trouble maker and one more girl. We don't have any contracts with them but I told them that before they moved in.
Expert:  Remus2004 replied 2 years ago.
Thank you.

You could try to argue that they are lodgers because you did share with them at least at the outset. If they are lodgers then you just have to give her written notice that you wish her to leave although, whatever your agreement, you do need to give her no less than 28 days notice. If she is a lodger then all you need to do is give her notice and if she does not move out then you're perfectly entitled to wait until she goes out and change the locks.

However, you should be aware that you do risk her arguing that she is a periodic tenant because you no longer live there. If that is the case then you need to serve a section 21 notice upon her giving her no less than two months notice. If she refuses to move then you will need to seek a possession order from the court.

Overall, it is safer to behave as though she is on a periodic agreements and give her a section 21 notice to vacate. It will take longer but you won't be committing an offence if you put her out of the house without proper authority to do so.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
But if she stays there , I won't be able to get anyone else because she always makes problems and even if I get someone in she will make me look like a witch . What about our verbal agreement ? She gave me one week deposit as well , so I can't give her a week notice . What about calling a police and telling them she doesn't want to leave my house ?.
Expert:  Remus2004 replied 2 years ago.
Yes, it will be difficult.

Whatever your agreement, you still have to give her reasonable notice and one week is not sufficient.

The police will say it is a civil matter as indeed it is.
Customer: replied 2 years ago.
If I tell her to leave in a week , can she put me into a big trouble an if do what it could be ?At the end of the day is my house
Expert:  Remus2004 replied 2 years ago.
She can refuse to go and if you do evict her without an order call the police as that is potentially unlawful eviction depending on what type of agreement is upon.

I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 2 years ago.
So even though we don't have written contract and she talking behind my back to new tenants I can't really do anything faster than that ?It seems like she can do and behave anyway she want.To get things straight if she lived with me before I moved out I can give her 28 days written notice or verbal ?
Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
It was the last question I wanted to ask . I would like to recieve an answer. I just don't understand why the specialist who helped me till now can't answer that question? She had a very good knowledge I just needed reinsurance .
Customer: replied 2 years ago.

It was the last question I wanted to ask . I would like to recieve an answer. I just don't understand why the specialist who helped me till now can't answer that question? She had a very good knowledge I just needed reinsurance .
Edit

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

You are correct you need to give her 28 days notice and then issue proceedings. For clarification you can't evict without a court order.

Alex

Customer: replied 2 years ago.
What is issue proceeding ?
Expert:  Ash replied 2 years ago.
Issue proceedings to get a court order to evict.

https://www.possessionclaim.gov.uk/pcol/

Alex

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Experience: Solicitor with 5+ years experience
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