Possession of Property advice

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    Possession of Property advice

    Hi, I am currently going through the process of evicting my tenants in a property via for not paying the rent. I'm in the early stages, and will in due course be serving a s.8 notice, but have a question. The rent is paid by the one of the tenants grandparents monthly and from what I understand, the tenant pays them back (Can't remember why this was set up like this now, although the grandmother is listed on the tenancy as supplying the deposit - but that is the only place she is mentioned). The grandparent is not listed on the tenancy agreement as having any vested interest as guarantor, and the two tenants are listed solely as the people responsible for paying the rent.

    Will this be a problem at court. From what I can gather, the tenants have fallen out with the grandmother so she has stopped providing the service of paying the rent. I have sent a letter to the tenants explaining that it is their responsibility and giving them the account number to sent the rent to, but they have refused to reply or pay.

    Obviously I want to keep things as simple as possible, if I have to go to court is the grandmother technically a guarantor and will she need to be served with papers also for not paying the rent, or can I just explain the situation in a witness statement to cover it, as the tenants are responsible for the rent.

    Any assistance appreciated
    Thanks Paul

    #2
    It's quite difficult to get someone treated as a guarantor even with a signed agreement, so I think you can probably ignore the guarantor line.

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      #3
      Did you do a credit check on this tenant and if so, what did it say?

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        #4
        I would have assumed that the grandmother who supplied the deposit did this as a 'gift' , . Who's name is on the deposit certi is is grandma or tenant ?

        Shes not the guarantor if shes not mentioned there and there is nothing in the TA for this -do these tenants work ?Did you reference them ?

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          #5
          It doesn't matter where the rent was coming from, the tenant on the agreement is liable for paying it.

          You should have provided a copy of the prescribed information to the grandmother and it's almost impossible to protect it properly.
          It would have been simpler to ignore where the deposit was coming from on the agreement as that's an unnecessary complication
          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


            #6
            Thankyou for the replies. Yes they were credit checked fine and have jobs, but since they were young (18yrs), the grandmother paid for the first 6 months rent up front and they paid her back and I think that has just continued on a monthly basis.

            The deposit is in DPS under the tenants name as the AST states they are responsible for it and it should be paid back to them to redistribute.

            Many thanks

            Comment


              #7
              Originally posted by jpkeates View Post
              You should have provided a copy of the prescribed information to the grandmother
              This is still true, whatever the Tenancy Agreement says.
              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
                Have they said anything about why they're not paying the rent?

                Comment


                  #9
                  Originally posted by DPT57 View Post
                  Have they said anything about why they're not paying the rent?
                  Speaking to one of them, she said they had fallen out with their grandmother so pays the rent (they pay her). I've issued a letter stating it is their responsibility to pay the rent and giving them my account details to pay, so they really have no excuse. I'm going to try and speak to them again, before issuing another letter.

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                    #10
                    I suspect there is more to this than meets the eye. I would begin to wonder whether they really have been paying the grandmother and whether they really do have the available income their credit report says they do.

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