rent arrears with no tenancy agreement

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    rent arrears with no tenancy agreement

    Im currently trying to recover over 3 months rent of £1500 from my tenants. I have tried contacting them several times. I visited the house a few times (each time costing me £100) without luck. The tenants have refused to contact me. The tenants are aware that they do not have a tenancy agreement-the last one expired in August. They are very unco-operative.

    I am thinking of sending locksmith there to change the locks and get the necessary repairs done before passing the property to a local letting agent.

    AM I RIGHT?.

    #2
    1. you probably do have a AST as the last AST will have probably lapsed into a periodic tenancy agreement.

    2. If you have a periodic tenancy agreement, you should issue a section 8 to gain possession of your property and then proceed to reclaim the lost rent.

    3. DO NOT change the locks unless you have evicted the tenants through the courts OR the tenants have handed back the keys and made it clear they have vacated.

    Comment


      #3
      I have already issued section 8 and 21 notices but they still refused. The tenants have just set up a fish and chips shop in Cleethorpe.

      Can I put a charge on the tenants business assets?.

      Please advise

      Comment


        #4
        If you have already issued Section 8 and 21, then you just need to sit and wait until it goes to court. Nothing else you can do.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          Originally posted by reason
          Im currently trying to recover over 3 months rent of £1500 from my tenants. I have tried contacting them several times. I visited the house a few times (each time costing me £100) without luck. The tenants have refused to contact me. The tenants are aware that they do not have a tenancy agreement-the last one expired in August. They are very unco-operative.

          I am thinking of sending locksmith there to change the locks and get the necessary repairs done before passing the property to a local letting agent.

          AM I RIGHT?.
          Are you saying because they have pushed off and opened a Chip shop they arent living in the house any more?

          Comment


            #6
            It's sometimes a bit difficult explaining to somebody the legalities of renting when there are so many aspects.

            Just take this on board:-
            1. Even though your last tenancy agreement ended in August it will still be valid.
            2. Unless you have brought the tenancy to an end legally, i.e. by applying to the court for a possession order, then any move to change locks etc. might not be the wisest thing to do. Just serving a S.8 or S.21 Notice will mean nothing unless you follow it up with action!
            3. Unless the tenants have surrendered the keys to you then they still have a valid tenancy unless you have taken action under (2).
            4. If your tenants return and find you have been into the property, or changed the locks, or even disposed of their belongings without making a "reasonable" attempt to find them it could cost you rather a lot of dosh.
            5. If you are sure they are in Cleethorpes then you could send a letter to that address by recorded delivery and if you don't receive a reply within the time you stipulate then you will have to go to court I'm afraid.
            There's much more to it than this snippet but it's a start. You might want to get some local advice from a decent solicitor, or perhaps the CAB if they can handle your enquiry with sufficient knowledge of the situation.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


              #7
              Having exhausted my time and money. I am to conclude that the law is not there to support and defend. After taking the tenants to court, judgement in my favour and paying to evict the tenants who happened to have left the property without anyone's knowledge, I decided to send the bailiff to their new Bentley fish and chip shop/flat, 47 bentley str. Cleethorpes.
              The bailiff came back saying at the equipments, utencils, microwave use in the business are lease and can not be seized. There is nothing they can do to recover the rent of £4585 owed.

              I wander why the bailiff/court could not request statement of their earnings such as bank statement or search their flat which is above the shop.

              I still wish to recover this money. Any advise would be appreciated.

              Comment


                #8
                Shelter is probably a better bet as they have more specialist knowledge in the housing sector. They can help advise LL's as well as tenants.

                Originally posted by Paul_f View Post
                or perhaps the CAB if they can handle your enquiry with sufficient knowledge of the situation.
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                Comment


                  #9
                  Just considering my other options.

                  1.Bring the tenants to court to provide details of their properties/earnings?

                  2. Freeze their bank account?

                  3. Then, seek an attachment to earnings? as one of the tenants works as a nurse at the local Hospital although I do not exactly if they are still partners but I know where his parents reside?

                  What do you think?

                  Comment


                    #10
                    Option 2. You need to find the details of the account to do it though.

                    Comment

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