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    I have a tennant family who were friends, neighborours and now without a written agreement only verbal contract rent our property which we lived at for two and a half years.
    Rent payment has been variable but currently up to date.
    Problem which became known Saturday gone is the wife is using my wifes name and credit scoring to obtain goods from catalogues on credit. 4 companies, around £1000 credit.
    Clearly we have a police case agains identity fraud.
    Which is the quickest way to get them to leave my house.
    Big advice required ASAP

    #2
    Use s.8 of Housing Act 1988, on whichever grounds apply: g11 and g14, perhaps.
    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


      #3
      s8 is the quickest way, but as the grounds mentioned are at the discretion of the judge, you might want to serve a section 21(4)(a) notice to run concurrently. In the unlikely event the s8 fails, you would then be in a position to commence s21 proceedings almost immediately which - providing you do everything correctly - will result in a guaranteed possession.

      Was a deposit paid, and was it protected?

      Comment


        #4
        I agree.
        WALLYBOY: is rent treated as due monthly in advance and on which day of the month?
        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


          #5
          Help

          hello
          Thanks for the advice i was reading the act that you quoted so thanks for confiming my limited understanding.

          As it was an informal basis no deposit taken.
          rent is due 1 month in advance on 12th of each month.
          Thanks

          Comment


            #6
            Originally posted by WALLYBOY View Post
            hello
            Thanks for the advice i was reading the act that you quoted so thanks for confiming my limited understanding.

            As it was an informal basis no deposit taken.
            rent is due 1 month in advance on 12th of each month.
            Thanks
            So the letting months run 12th-11th. A s.21(4)(a) Notice served at any time before 11 August should show a Notice period expiry of 'after 11 October'.
            Contrast a s.8 Notice. As it will include g14, there's no Notice period at all- simply serve (any day) then immediately begin proceedings.
            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


              #7
              Help

              Many thanks for the advice, will be acting this week when i can drive the 120 miles to do it.
              Do i need to inform the tennant that i am coming or can i just turn up, dont want to get harasment as an escape?

              Comment


                #8
                Originally posted by WALLYBOY View Post
                Many thanks for the advice, will be acting this week when i can drive the 120 miles to do it.
                Do i need to inform the tennant that i am coming or can i just turn up, dont want to get harasment as an escape?
                There's no need to drive all the way there to serve it.

                Once you are sure that the notice(s) are correct, write them out twice, and post them from two different Post Offices and obtain a free certificate of posting for each.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment

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