Tenant running business from property and late with rent

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    Tenant running business from property and late with rent

    Hi All,

    My tenant has paid rent on time for 4 months but last month was slightly late, then this month she is now 2 weeks late (not exactly a long time I know) and is refusing to answer my calls. The AST states after 14 days of late rent I have the right to repossess the property.

    I've never fully trusted her (don't ask why), so I thought I'd type her name into Google.... turns out she has defrauded lots of customers with her business.

    I found out she is running this business from my property (in breach of the AST), so do I have any grounds for immediate posession? I'm guessing not (by reading the posts on this site).

    In addition, the AST has only 2 weeks left to run - can I just ask her to leave?

    I must admit, I feel a little stupid I didn't do full background checks before letting the property. . I couldn't sell the house earlier this year so to meet the mortgage payments I rented it out. I'm struggling to meet the mortgage payments without the rent, but if I stop paying the mortgage what happens then (with a tenant in situ with 'rights')?

    Any help appreciated. TB.

    #2
    Originally posted by TenBob View Post
    Hi All,

    My tenant has paid rent on time for 4 months but last month was slightly late, then this month she is now 2 weeks late (not exactly a long time I know) and is refusing to answer my calls. The AST states after 14 days of late rent I have the right to repossess the property.

    I've never fully trusted her (don't ask why), so I thought I'd type her name into Google.... turns out she has defrauded lots of customers with her business.

    I found out she is running this business from my property (in breach of the AST), so do I have any grounds for immediate posession? I'm guessing not (by reading the posts on this site).

    In addition, the AST has only 2 weeks left to run - can I just ask her to leave?

    I must admit, I feel a little stupid I didn't do full background checks before letting the property. . I couldn't sell the house earlier this year so to meet the mortgage payments I rented it out. I'm struggling to meet the mortgage payments without the rent, but if I stop paying the mortgage what happens then (with a tenant in situ with 'rights')?

    Any help appreciated. TB.

    You can ask her to leave, but you have to do that in the form of a section 21 notice. (Two months notice) Be very careful with the dates on the notice.

    As soon as two months rent is due, you can serve a section 8 notice (Two week notice.) Ground 8, 10, 11 . Ground 8 is mandatory, so as long as the tentant doesn't reduce the arreas on the court hearing date, you will get a possesion order.

    In either case, if the tenant doesn't leave herself, yuo will have to go to court for a possesion order. So immediate posession, is a NO NO.

    Comment


      #3
      Originally posted by SALL View Post
      You can ask her to leave, but you have to do that in the form of a section 21 notice. (Two months notice) Be very careful with the dates on the notice.
      Thanks for your response.

      Please can you clarify 'careful with dates on the section 21 notice'?.

      TB

      Comment


        #4
        Originally posted by TenBob View Post
        Thanks for your response.

        Please can you clarify 'careful with dates on the section 21 notice'?.

        TB
        Search for section 21 dates, on the forum. there are many threads explaining how to date the notice correctly.

        The notice can be deamed invalid if your dates are off by even a day. So as I said, make sure the dates are correct.

        Comment


          #5
          Thanks for the advice

          My situation has changed literally overnight. See post: http://www.landlordzone.co.uk/forums...6562#post96562

          Cheers. TB

          Comment

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