S8, IPO, Tenancy Abandonment

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    S8, IPO, Tenancy Abandonment

    To put it all in context;

    So I have a tenant, my first whom had been been late on payments for. The 2nd month but I had cut him some slack as he always paid in the end. This time i think he his trying to use his deposit as last months rent as he has given me notice.

    Before the agreement, when the tenancy was coming to and end, he suggested He would like his sister to carry on living there once he leaves. So come the end of the tenancy he does not give me any written notice instead leaves his sister and her family in the property. To make matters more interesting, he has not paid the rent for the month which was always in advance and I have asked him for the rent which is now 26 says late.

    So I have issued him a Section 8 notice which I will apply to the courts for on Monday. So my questions are;

    1. Is the sister and her family considered squatters?
    2. Has he further violated the tenancy agreement by taking up lodgers when the contract stipulated that no lodgers or subletting is permitted without written consent?
    2.a. The Family Mentioned making payments to him for the rent (technically subletting)
    3. Do i need to file an interim possession order to evict the occupiers?
    4. Seeing that he has cancelled his bills with the council but did not sort out the other bills does this call under abandonment?
    5. Will my section 8, cover the eviction of the family?

    #2
    You mentioned that the tenant served you notice. Assuming that was a valid notice to quit, then the tenancy with him has ended on expiry. I'm assuming you didn't agree with his suggestion of her sister staying on.

    1. Probably not. Any of subtenant, lodgers, or guest of the tenant.
    5. If the tenancy had ended because of the tenant's notice, then your section 8 is meaningless since there's no tenancy.

    Since he had failed to give up vacant possession at the end of the tenancy by his notice, your argument with him is that he is liable for mesne profits for his continued use of the property each day at an amount of double the previous rent.

    Don't accept rent from the sister or you'll create a tenancy with her.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thanks KTC, I guess missing out the dates does not paint the true picture. His notice is for moving out on January 3rd so there are still periodic agreement until that date.


      ​​​​​​he was meant to pay on the 24th, he is now trying to eat into his deposit, hence the section 8.

      I will speaking to my legal advise tomorrow.

      Thanks Again.

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