Help

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Help

    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

                Latest Activity

                Collapse

                • Reply to Unlicensed and HMO and room size
                  by DPT57
                  Actually I think the room size regulations in the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences)(England) Regulations 2018 are limited to licensable HMOs. The Part X Housing Act 1985 space standards would apply, but I believe that in these, a room that is smaller than...
                  25-01-2022, 17:15 PM
                • Unlicensed and HMO and room size
                  by zrux
                  My area doesn't need a HMO licence for 4 bed property. The license is only reqd for a 5 bed and more.

                  I have a 4 bed property which I rent out to students as a 3 bedroom house. The 4th bedroom size is bit less than 6.51 sq meters reqd for a HMO license and as a result I have never allowed...
                  25-01-2022, 14:11 PM
                • Reply to Inherited a few rentals
                  by theartfullodger
                  IHT and/or CGT exposure?
                  25-01-2022, 17:05 PM
                • Inherited a few rentals
                  by Landlord7289
                  Hoping for some advice on this situation from people who may have been through similar...

                  I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

                  My situation is I am early 30s in full time employment, live...
                  25-01-2022, 15:02 PM
                • Reply to Tenant not paying and letting agent mismanaged
                  by theartfullodger
                  Serve (yourself) s8 for arrears today.

                  Sounds like in addition to agent lack-of-perfection the Tenant hasn't heard the message.

                  Can we assume you'll provide no reference or only a full, honest one, and will instruct agent to do likewise?

                  Have you formally gone...
                  25-01-2022, 17:04 PM
                • Tenant not paying and letting agent mismanaged
                  by Beeble
                  We rented a flat out with the local branch of a national estate agent. They were charging a very low fee (that should’ve had my alarm bells ringing) and had a tenant immediately available. This was Dec2020/Jan2021 and the tenancy paperwork they sent to me was minimal.

                  Tenant moved in...
                  25-01-2022, 15:37 PM
                • Reply to Greetings, I Come in Peace
                  by jpkeates
                  This is pretty much me, although my agent is very good and doesn't need much "rein".

                  They have a high street presence, which tenants like (makes the agent more real) and have multiple people to answer phones.
                  And they have a mostly female staff, which is a big plus for ...
                  25-01-2022, 16:51 PM
                • Greetings, I Come in Peace
                  by AVJ113
                  Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
                  20-01-2022, 07:24 AM
                • Reply to Tenant not paying and letting agent mismanaged
                  by jpkeates
                  Paperwork shouldn't be an issue in claiming unpaid rent.
                  Unpaid rent is usually easy to prove - the tenant's paid some and has obviously been renting something.

                  The issue is usually that the tenant doesn't have the money they owe.

                  The lack of agent and paperwork will...
                  25-01-2022, 16:48 PM
                • Reply to Inherited a few rentals
                  by Hudson01
                  As said above, unless being a landlord has been a childhood dream (weird if it were), i vote to sell and move on. A lot of experienced LL's are selling up anyway due to a multitude of rubbish from the govt, in your position, simply reap the reward of your late fathers good financial decisions and enjoy...
                  25-01-2022, 16:44 PM
                Working...
                X