Non-AST; forgery by T; arrears; how to evict T?

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    #46
    Hi,..,.sorry for the ambiguity...what i meant was tenant is already in huge arrears...now her HB is cut she will be in even more arrears which I cannot burden hence wanting repossession/

    Hope that answers your question

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      #47
      Originally posted by heebs View Post
      I know from the gov website that as I took the deposit before oct 2010 i dont need to protect it
      Originally posted by Snorkerz
      Jeffrey, can you confirm this please?
      See http://www.communities.gov.uk/housin...ntalthreshold/

      We do not consider that deposits taken before 1 October will need to be protected as these were not taken in connection with a shorthold tenancy and therefore do not meet the criteria for protection specified in the Housing Act 2004. Ultimately, however, it is for the courts to decide when deposits should be protected and we are unable to give a definitive interpretation of the legislation or speculate on how the courts might find in any particular case.

      As we all know, government information on LL/T law is not always reliable. I certainly wouldn't rely on their interpretation of HA2004.

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        #48
        Originally posted by heebs View Post
        tenant is already in huge arrears...now her HB is cut she will be in even more arrears which I cannot burden hence wanting repossession/
        If there is at least two months rent owing and unpaid, serve a s.8 notice as well, using grounds 8, 10 & 11. You only have to give 14 days notice before you can apply for possession.

        See http://www.letlink.co.uk/letting-fac...ction-8-notice

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          #49
          tenant demanding holding amount/rent refund- urgent advice please

          Hello All

          When I rent out a room, I usually take first months rent as a non refundable holding amount when someone wants to reserve it well in advance.

          A girl took my room, signed a 6 month contract and paid the first months rent to hold it.
          Just yeaterday, 3 days before her contract is due to begin, she tells me she is moving back in with her mother and needs all her money refunded

          I told her its her first months rent which is contractually my money now, and if she wanted a refund then to find me a replacement tenant (which is the breakclause that can be used at any point in the 6 month contract)

          I also told her I will also try to find a tenant and if someone took the room in the first month, then I will refund her any overlapping rent.

          I also told her I will release her from the contract without any cvil action regardless of whether she found me a replacement or not.

          She has become agressive and has got her thuggish boyfriend to call me several times threatening to return the money.

          She has emailed me to say she will be round with her boyfriend to get her money back

          I think she doesnt appreciate that she cant put a holding amount down for a room then expect the money back when she changes her plans...it makes a mockery of a holding amount

          I just want someone with a cool head to give me some advice on the best way out of this situation...i thought i had been very considerate realeasing her and saying i will refund any rent if i find a tenant sooner.

          However she is having none of it

          Any thoughts anyone....I did think of splitting the difference and giving her 2 weeks and keeping 2 weeks to cover time to find a new tenant (hopefully...sometimes it can take months)

          Thanks in advance for any input

          Comment


            #50
            tell her if she carries on this way you are going to take her to court and make her pay for the 6 months of the contract. I am sure once she finds out where she legally stands I.e. she has to pay for 6 months rent it will help her change her mind

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              #51
              Has TT signed the agreement? Or have you provided something in writing to say it was a holding deposit?
              And the you say agreement are you talking AST or Lodgers?

              Comment


                #52
                Sounds like you are better off without her as a tenant if this is how she carries on - threatening with thug boyfriend.

                Tell her you have informed police of her threatening behaviour and put what you intend to do in writing so she can go and seek advice. Why would you get her to get a replacement tenant? Sounds like a bad move.



                Freedom at the point of zero............

                Comment


                  #53
                  hello all...just thought I would update you on the latest....the same day...an hour after posting this problem here...the girl sent 2 huge black men to my door...I have double glazed obsured glass and could make out the height and colour although not features...i asked who he was and he remained silent...i asked again and he said delivery...i asked 'delivery for what'...and he said 'open the door and give me the money' in an aggressive way...i told him to go away or i'll call the police...he kept shouting 'open the door'

                  I went up to my room and called the police..and looking down could see that he had another black man with him that he was hiding by my front wall...with long dreadlocks....they stayed for a while until suddendly the chap on the phone said the police are outside...I told him they were not and the men were...then a seconds later the men disappeared and a police car pulled up...the police...2 women and a man were so unhelpful...i told them what happened and they said it could have been a delivery ...i told them i recognised the mans voice who had been harrasing me with calls all day..and there was no package in his hand...the stupid police woman was more interested in what i had ordered and what was being delivered...WHAT THE *&&*...how is that any of their business...sometimes I wonder what the police are paid for. The police wanted to see the contract and everything i had signed with the girl...they took all the girls details...when asked if they will ring her to ask her to stop harrassing me they said 'no..its a civil matter...!!"...then why ask to read every letter of the contract and have a good nose when i am calling you to be protected against to thugs at my door ...the police agreed that the girl had no right to ask for the rent back ...but i thought...i am more concerned for mine and my little girls safety and refunded her half of the money by bank transfer to call it quits..she was more than happy...i also told her i had given the details of her and the 2 men she sent to threaten me to the police.

                  thanks to everyone who gave advice...much appreciate it.

                  Comment


                    #54
                    sorry to read your story: Most unpleasant.

                    You might wish to take note of...(these may not be the actual wording but my paraphrasing... )
                    Administration of Justice Act 1970
                    , s40, ref harassment of debtors
                    (1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
                    (a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
                    It either isn't a debt (I don't think it is a debt -I think you can hold onto the holding deposit..) in which case it sound like what i remember as "demanding money with menaces"..and/or blackmail.. or...

                    it is a debt in which case her/her agents behaviour is clearly illegal.

                    For correct wording
                    http://www.legislation.gov.uk/ukpga/1970/31/section/40
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #55
                      Police are wrong it is not a civil matter, they usually are wrong in my experience of dealing with them. You need to understand that they will do their best NOT to start a process becuase it becomes a statistic and they have to to something!!

                      It is a crime under pubic order section 4a for which I paste straight from the CPS web site their "charging standard" which was updated 1 Nov 2010.


                      "using threatening, abusive or insulting words or behaviour, or disorderly behaviour intending to and causing harassment, alarm or distress - section 4A of the Act;"

                      from what you say it falls neatly into that bracket. Critically when you call the police you merely have to say that you are in "Fear". They MUST react and do not be put off by their attempts to defuse. If they are Plastic Police Officers refuse to deal and DEMAND a proper officer. Most Plastic do not understand the law and will seek to side step issues. Take officers name, number and station!

                      Do I sound bitter you bet even when we caught a man bang to rights on burglary CPS did not charge becuase they believe him when he said it was not him!!!!

                      In summary the Police are there to protect you so do not take any of their rubbish.

                      Comment


                        #56
                        Well, there are at least five Public Order Acts: 1936, 1963, 1986, 1994, and 1996.
                        The one intended is the Public Order Act 1986. Here's its section 4A in full:

                        4A. Intentional harassment, alarm or distress.

                        (1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
                        (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
                        (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
                        thereby causing that or another person harassment, alarm or distress.

                        (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.

                        (3) It is a defence for the accused to prove:
                        (a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
                        (b) that his conduct was reasonable.

                        (4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.

                        (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #57
                          Several threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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                            #58
                            This thread has been closed. For continuation, see http://www.landlordzone.co.uk/forums...ry-out-repairs

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