Pls help! Run out of options!

  • Filter
  • Time
  • Show
Clear All
new posts

  • Hudson01
    Good point above..... is it just ' Mr Charming ' on the AST or is his sister on there as well ??

    Leave a comment:

  • DPT57
    Originally posted by simon889 View Post
    So I issued a new tenancy agreement to show him as the main tenant.
    There's no such thing as "the main tenant". If the sister is a joint tenant then she is equally liable for the rent. Any notice would then have to be to both tenants.

    Leave a comment:

  • WebLand
    The tenant as the occupant is liable for the Council Tax. His arrears shouldn't affect you.

    Leave a comment:

  • Hudson01
    You don't have to use a professional eviction company but in your situation i would, there are some listed on this site but you have no doubt seen them on tv when they appear as part of the few tenant/landlord shows.

    Leave a comment:

  • simon889
    Thank you all for responding so fast!

    Firstly, yes I did issue new tenancy to the brother, (which he signed and got witnessed and sent it back to me) as I was of the opinion that as he had been living in the property with his sister, there wouldn’t be a problem with rent. His sister also told me all would be well. My mistake!

    Anither problem now is that he hasn’t paid his council tax to the tune of £2000 approx, so if I evict him, would I become liable for the tax?

    So it seems that I need to use the services of a professional eviction company. Any idea on a reputable one who will do the job at reasonable cost pls?

    Leave a comment:

  • Hudson01
    He sounds a charmer...... before you signed him up a sole tenant did you check him out in the usual way ? Given the distance you are away i would seek out a professional company to do this for you and get the property back, you will be running round in circles.

    Leave a comment:

  • theartfullodger
    So you issued a new tenancy? (For someone with no history of paying? Why?). Did he sign? Anything else prove (or hopefully disprove) he agreed to it?

    Leave a comment:

  • ash72
    Was a Gas or EPC given prior to the T moving in? If so the EPC would still be valid, the Gas would be a little harder, the only option is to inform the Agent to serve a notice requiring access (providing 24 hours notice) if this doesn't work the only option is to take the T to court to gain access.

    Leave a comment:

  • simon889
    started a topic Pls help! Run out of options!

    Pls help! Run out of options!

    Hello all

    Firstly let me confirm I have tried to find an answer to my query on the forum already in case it has been discussed before but haven’t found anything with the same problems.

    Long story. Tenant moved in with his sister in 2017. She was responsible for paying the rent, which she did until 2019, after which she told me her brother would be taking over paying. So I issued a new tenancy agreement to show him as the main tenant.

    All was well until January this year, when he stopped paying the rent and stopped answering his phone. Called his sister and she blocked my number.

    I then called him using a friend’s phone and he answered. I requested him to pay the rent which st that time was 1 month in arrears. He said he can not afford it but will try to make some payment if he can but he also warned me not to hassle him, which I hadn’t done, as if I ever managed to evict him, he would make sure that I could never rent the house again, because he knew everyone in the area who would destroy the property.

    He has not allowed the property to be checked for a Gas Safety check nor EPC either.

    The rent will be 4 months in arrears at end of this month. I have since appointed an agent to collect the rent etc as I live more than 150 miles away. However, the agent says we cannot evict him by serving Section 21 and Section 8, because the property has no EPC or Gas Safety certs.

    So...I have run out of options. Pls help.

Latest Activity


  • Mandating Wifi
    by spicelord
    Hi all, sorry if this has been asked before. I'm renovating following a huge fire in the property and I'm additionally going to install Google Nest Smoke alarms to send a remote alert to my phone as well as ring an alarm for any occupants. Unfortunately this needs wifi which is the responsibility...
    24-06-2021, 01:40 AM
  • Reply to The Bailiffs Are Coming!
    by boletus
    The last full blown bailiff eviction I did was well before Covid. Using section 21 to evict a non paying, ASB, violent, drug dealing tenant's new boyfriend who made the neighbours' lives hell.

    Even so, with calm hindsight, the timescale was fairly reasonable.

    Section 8 on the...
    23-06-2021, 21:56 PM
  • The Bailiffs Are Coming!
    by Slackjawedyokel
    I thought I’d start a new topic, rather than hijacking others as I’ve probably been guilty of that in the past.

    Nearly 20 months ago we issues an S21 to our tenants. It got close to Christmas and our tenants pleaded that they ‘just needed another week or two’ and like fools we issued...
    12-06-2021, 07:37 AM
  • Submitting claim (N1 form) with multiple defendants
    by Praky
    I am relatively a new landlord and complete novice in the court system and legal dispute. Can anyone please suggest me on my current situation?
    I am a landlord for HMO property, 4 tenants are staying the house and they have one guarantor in the rental agreement. They are not paying the...
    23-06-2021, 21:54 PM
  • Reply to Council tax chasing because estate agents haven't provided tenancy agreement
    by boletus
    That's a very good point. Shades of debtors' prisons.

    But it works both ways. I was summonsed for non payment of council tax on a rental property. Out of 250 rubber stamped hearings I was the only defendant to turn up in person.

    The council legal team agreed it had been settled...
    23-06-2021, 21:12 PM
  • Council tax chasing because estate agents haven't provided tenancy agreement
    by Most
    Hi everyone,

    I am being chased by Birmingham City Council for Tax dating back 2 years.
    Duding this time the property was let out under fully managed agreement. I signed a business let agreement between my self and the Estate agent.
    Trouble is the estate agent has failed to...
    23-06-2021, 06:08 AM
  • Reply to Management of freehold problems
    by goodgirldulwich
    Hi, thanks for the advice Hudson. Part of the problem is that one of the couple is a solicitor (but not in conveyancing) and seems to know what they can get away with so I feel like I am always fighting a losing battle. I also feel that if I start with solicitors letters they will involve all the neighbours...
    23-06-2021, 20:53 PM
  • Management of freehold problems
    by goodgirldulwich
    Hello, could I get some advice because I bought a flat with a share of the freehold 11 years ago. A couple bought the other flat in the house about 5 years ago and I was unable to consent to their plans for building an extension before they moved in and they have been annoyed since that happened. A...
    23-06-2021, 20:28 PM
  • Reply to Management of freehold problems
    by Hudson01
    The solicitor you spoke with i think was right, at the moment you are seen as the weaker party in this dispute and i see no reason why they would change their ways in the future, in fact i can see them taking even more liberties It may make the flat more difficult to sell with legal action taking place,...
    23-06-2021, 20:45 PM
  • Reply to Law relating to council claiming HB back
    by Jon66
    Yes you can appeal but need to look at the specific grounds. Buy a copy of CPAG Welfare Benefits Handbook, it's all in there.
    23-06-2021, 20:38 PM