Tenant left wife (who is not on AST agreement)

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    Tenant left wife (who is not on AST agreement)

    Hi,

    My Tenant left 3months into the 6months AST agreement before moving in he told me he was splitting with wife and agreement should be in his name only(family where not supposed to be there).

    Last week he left without notice and took his 5month baby with him to his home country (Poland) and left his wife and 8year old in my property (family dispute- laws abit relaxed there and more chance for him to keep his baby), police has been involved.

    Rent was due last week...have had a call from Tenant apologising and telling i can keep the deposit (with DPS) but his wife is still in the house no agreement and have taken NO money off her (she's going to see CAB Today).


    What should i be doing? I don't think she can afford the rent? If i take money off her am i informally in a agreement? How do i get my property? How do i get Deposit back? Already a month out of Pocket?

    HELP!

    #2
    When you obtain a possession order from the county court, the enforcing bailiff will require all occupants to leave and return vacant possession to you, the owner. First you need (if you haven't done so already) to serve a section 21 notice on your tenant at the property. As you have more than two months to go before the end of the fixed term of your AST, this notice should expire AFTER that date. If the property has not been vacated, then you can apply to your court for the possession order which can, if necessary, be followed up with a bailiff visit as above.
    To speed things up a bit, you can use section 8. This process can only be started when the rent owed is two months overdue. This means, if rent is supposed to be paid in advance, just over a month - i.e. two rent payment dates have been missed. The notice period is only two weeks before court action can be started but it will involve a court hearing. With a bit of luck, your tenant will remain in Poland and not attend, however if he pays his rent in some way (and from what you say he appears to be trying to be an honourable man,) then such an action will fail. By not accepting rent from his wife, you have done exactly the correct thing.
    Hopefully, this post will be followed by some more expert legal opinion from our more experienced contributors.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Thanks P.P.

      What if i get him to send me a letter/email confirming exiting out of our agreement and he sends me the house keys....What then?

      Comment


        #4
        Well - she's got keys as well. She has been permitted to stay by your tenant and he has failed to remove her when he decided to vacate the property. Some of our experts may advise you further on this point, but to me she is your tenant's guest and as he has not removed her then he is technically still in residence and owes you the agreed rent until she vacates. Thus normal court possession and eviction procedures must be followed.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment

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