Want to get my property back

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    Want to get my property back

    After letting out my maisonette for over 3 years I would like it back.
    First of all I am 37 and living at parents and need my own space back.
    Secondly tenant is getting worse at paying a low market rent and is £100 in arrears. It is often paid late and in several parts with cheques bouncing quite regularly.
    When she moved in we had a 12 month AST and I haven't put rent up at all. I did not take a deposit I just insisted the rent was paid in advance of each month.
    I have tried to sell the flat with tenant a few times but to no avail. Local EAs have told me it will sell a lot easier if vacant. I was willing to sell it so she could stay there and I would buy something else.
    So I am looking for advice on how to get the flat back asap so I can move back in. I am happy to offer some kind of cash incentive if she goes. I am just worried she won't find something else as she has two kids and is struggling paying the rent despite it being 15-20% lower than market rate.
    Advice much appreciated!

    #2
    Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

    Comment


      #3
      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
      England
      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
      Sole
      Q3 – What date did current TA start dd/mm/yy?
      15-7-15
      Q4 – How long was initial fixed term (6/12/24 months / other)?
      12 months
      Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
      Pcm
      Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
      Not taken
      Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
      I am the landlord
      Q8 – Does the landlord live in the same property as the tenant?
      no

      Comment


        #4
        You need to find Form A6 on this site for a Section 21 possession. This is probably the easiest way in your situation.

        Use this form to give the tenant 2 months notice. Be mindful of how you deliver/serve the form. After the 2 months are up and if tenant refuses to leave then you may have to apply to the court for a possession order at cost of £375 (I think). It is up to you whether to offer some financial encouragement to the tenant to leave. Make sure all your dealings with them are documented.

        If tenant is to go and live with a relatve then they may go quickly but if they are on benefits and waiting for the council to re-home them then be prepared for a long haul.



        Freedom at the point of zero............

        Comment


          #5
          Thanks I did wonder if it was s21 or s8 due to rent arrears. Is it best to hand deliver the notice? Do I need video evidence?
          I would be happy to pay to make sure it was all done properly and see landlord action etc advertising on this site.
          I also would be happy to pay an incentive to leave but would want to do this legally and not in a way that could affect me detrimentally.
          I'm guessing she would need council assistance and this is my main worry.
          If she found somehere private and used my incentive for a deposit on that could that be an option?

          Comment


            #6
            Thats form 6a. When you say deposit "not taken", do you mean that a deposit was never required or just that she didnt pay it?

            Comment


              #7
              If you're going to use a professional service, let them serve the notice.
              There's nothing to be gained from trying to get things going and getting it wrong.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Sorry to hear your story.

                Serve s21 6a AND s8 all relevant arrears grounds TODAY(***), then take to court (s21 only probably). Consider small-claims also & informing council with copy of s8 of arrears. Explain (verbally only) to tenant about arrears, council will be aware, what "intentionally homeless" will mean and either no reference or a full, honest, one.

                It's not - currently - your property, it's tenant's whilst tenant still has a tenancy, even if not paying the rent. It's currently just your investment: See
                https://www.landlordlawblog.co.uk/20...its-still-his/

                Why on earth did you not raise the rent to market rate??


                *** An s8g10 may be validly served if only 1p is underpaid only 1 day.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  I agreed not to take a deposit I just made sure rent was paid ahead of the first month. Would you recommend landlord action or similar? Haven't increased rent as I know she struggles to pay it as it is and not sure exactly how to increase it officially.

                  Comment


                    #10
                    Originally posted by Propertygoesup View Post
                    I agreed not to take a deposit I just made sure rent was paid ahead of the first month.
                    And that fact is recorded in the paperwork you both signed is it?

                    Comment


                      #11
                      Yes I still have a copy of the tenancy agreement for the first 12 months. There's a tick box which say was a deposit taken yes or no.

                      Comment


                        #12
                        Originally posted by Propertygoesup View Post
                        Yes I still have a copy of the tenancy agreement for the first 12 months. There's a tick box which say was a deposit taken yes or no.
                        was it ticked?

                        Comment


                          #13
                          Just to be quite clear, can you confirm that the advanced payment of rent was entirely converted into an actual payment of rent at the start of the tenancy, as a rolling advance payment is a deposit by another name.

                          Comment


                            #14
                            Originally posted by Propertygoesup View Post
                            Yes I still have a copy of the tenancy agreement for the first 12 months. There's a tick box which say was a deposit taken yes or no.
                            Does it say YES or does it say NO or is nothing mentioned??

                            If there is uncertainty of proving deposit wasn't paid you might be safest to return it (yes I know you never got it) then serve s21
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              It clearly says a deposit wasn't taken, the no box is ticked. It says rent is due on the 15th for the month ahead (ie 15th to 14th of next month).

                              Comment

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