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    I seriously need some help. I have a house that the tenant & family have moved out of to become landlords of a pub. They continue to pay rent so will not give me access or keys. I need to sell ASAP but can't get in. I have proof they don't live there. I have now issued a section 8 thinking I could get an accelerated possession order but don't think I can. How can I get possession back quickly.

    #2
    Quite right they shouldn't give you access or keys, unless the tenancy agreement is terminated and if they are still paying rent then the property is theirs regardless of where they lay their head at night. They could rent 10 properties if they wished and live in America.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      They have broken the tenancy agreement by leaving the property empty for 6/7 months. I offered to sell with them as sitting tenants but they still won't allow me, agent or potential buyers in to view! What am I supposed to do? Keep a house that I financially can't afford?

      Comment


        #4
        They have not "abandoned" the property if they are still paying their rent. Either wait for the s21 to expire and apply to court for possession, or if you can prove that they're no longer occupying the property as their "only or principal home", then serve Notice to Quit and apply to court.
        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.

        Comment


          #5
          Thank you for your reply. That seems the most sensible way to go.

          Comment

          Latest Activity

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          • Part 8 claim
            haar2
            Hi,

            I have a part 8 claim filed against my landlord. I have been given a hearing date, and asked to to complete a pre-trial checklist, but haven't been told which track I have been allocated.

            When you ring the court you can only talk to that central call centre, who said there...
            18-04-2018, 16:57 PM
          • Reply to Part 8 claim
            haar2
            Yes, everyone signed the claim, and all decisions are made jointly. It is just one has been told my one lawyer everyone has to be there, while I have been told by another that they do not
            19-04-2018, 13:34 PM
          • Reply to Part 8 claim
            KTC
            I assume all the joint claimants had signed the claim or somehow otherwise indicated they consent to the claim being bought? If so, you ought to be fine not all being there. Obviously better everyone being there if you could though. Unlikely more than one of you will speak.
            19-04-2018, 13:29 PM
          • Reply to Part 8 claim
            haar2
            I never filed the correspondence, as I thought with part 8 you had to file all the evidence at once, and that the proceedure didn't allow for subsequent evidence.

            I am not too worried, but my co-claimants feel differently.

            I have heard conflicting things, but does anyone know...
            19-04-2018, 13:02 PM
          • Reply to Part 8 claim
            tenant1001894
            Eh, to be honest if it isn't already filed I'd only bring it up if directly asked about resolving the situation out of court by the judge.

            Bring three copies along with you perhaps, just in case.

            It might annoy the judge if you try and shove that in their face if it wasn't...
            19-04-2018, 12:50 PM
          • Reply to Part 8 claim
            haar2
            How would I go about filing his refusal to pay with the court? Is it submitted as further evidence, or should I just include it in my case bundle?

            I made a subsequent exchange without prejudice, but the first offer we made wasn't done as such....
            19-04-2018, 12:43 PM
          • Notice to Evict a Limited Company Tenant : Residential House
            K_Smile
            Hi,

            I would very much appreciate some help.

            Need a Notice ( template ) to evict a tenant which is a Limited Company

            from a Residential House in England.

            No rent has been paid . Two monthly rents in advance missed.

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            19-04-2018, 12:02 PM
          • Reply to Notice to Evict a Limited Company Tenant : Residential House
            jpkeates
            The tenancy agreement should define what notice is required and on what terms.
            19-04-2018, 12:19 PM
          • Reply to Part 8 claim
            KTC
            Don't be suprised if they don't turn up at all. Equally, don't be suprised if they rock up just before the hearing with a solicitor they only instructed half an hour before....
            19-04-2018, 12:08 PM
          • Reply to Part 8 claim
            tenant1001894
            I imagine that the landlord is genuinely ignorant, or in complete denial.

            I hope that you have filed their refusal to pay the lowest possible penalty as settlement with the court. Obviously, don't bring it up if the exchange was without prejudice.

            I imagine the judge will not...
            19-04-2018, 12:05 PM
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