No written Letting Agreement with unpleasant T- help!

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    #16
    Originally posted by B1ue View Post
    In short family members moved in quickly, no written agreement but verbal which is an AST
    For how long has the AST been running (and, if T paid a deposit to you, did you protect this)?
    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


      #17
      Hi Jeffrey im not familiar with all this.

      they moved into property with verbal agreement in November 2008. I assume the AST ran from this time? or am i wrong?

      I served a Section 8 notice on them 2 weeks ago due to rent arrears and neglect and have cited full details in the Section 8.

      I was advised by a solicitor that they needed to complete a form A but their reaction to everything in life is to ignore it.

      Nearly 4 months in arrears now. They presently owe me £1,800.

      I received some VERY VERY nasty emails from my brother in law and at the end of the emails said that they woudl be moving out on 15 th Oct 2010.

      They have now turned around and said that they are not moving out on 15th Oct 2010 as the house they went for has fallen through.

      They have also been receiving housing benefit and have not forwarded payments to me. I have reported this to the Housing Benefit Dept.

      I can issue the proceedings on Friday 15th but am just panicking i get it wrong as financially they are crippling me

      If this is how family treats you, who needs enemies!!

      Comment


        #18
        forgot to mention, they never paid a deposit/bond or money in advance as i did family a favour letting them move in an emergency following a violent attack!

        Comment


          #19
          They have also been receiving housing benefit and have not forwarded payments to me. I have reported this to the Housing Benefit Dept.
          You can apply for direct payment of Housing Benefit from the relevant council
          if a tenant is more than 8 weeks in arrears . Apply in writing with a full rental
          statement .

          You say there was no written agreement . I would have thought the
          Council would not pay Housing Benefit in the absence of a Tenancy
          Agreement .

          You say that you reported non-payment of HB to the HB Department .
          Did they confirm that your tenants were claiming HB ?

          You need to contact Council asap, in writing, stating that you are the
          landlord of the relevant property, state who your tenants are and state
          that if there is a benefit claim in respect of the property the tenants are
          more than 8 weeks in arrears with the rent and ,therefore,you apply for
          direct payment . Attach a full rental statement .

          You may get at least get future payments of HB and it may prompt
          your tenants to move on if the payments are cut off .
          Last edited by Globe; 13-10-2010, 23:37 PM. Reason: omission of text

          Comment


            #20
            Originally posted by Globe View Post
            You say there was no written agreement . I would have thought the Council would not pay Housing Benefit in the absence of a Tenancy Agreement .
            No legal requirement for a tenancy agreement to be in writing
            it may prompt your tenants to move on if the payments are cut off .
            Council-funded (and therefore usually council-advised) tenants are usually advised that if they move without a court order they are making themselves intentionally homeless. Also, a lack of LHA isn't going to encourage them to move as they won't be able to afford deposit / 1st months rent on a new place.

            Comment


              #21
              As ive serveda Section 8 the council view this as voluntary homelessness by none payment of rent.

              My tenant (family member) has previously been evicted or done mid night moves to avoid rent payments!!

              Housing Ben dept written to and hopefully future payments will come to me but partner now in employment so HB will cease

              They acknowledged Sction 8 but say i have to evict. they cant go anywhere as council wont rehouse as intentionally homeless and cant get references for letting agents etc

              Comment


                #22
                So stressed help please?

                Section 8 notice served.

                received disgusting email from tenant and at the end said would move out tomorrow 15th, however when asked yesterday what time so can collect keys they said "not moving now so evict me, i will only communicate to give you a moving out date".

                Now 4 months in arrears, house neglected etc.

                I dont know what to do. have tried to speak to Housing Solicitor today but have been unable to obtain advice.


                Can someone answer me the following:

                If i issue proceedings how likely am i to be successful using section 8?
                how long is the process?

                I dont think i can take much more. its my home, they are using some of my furniture living for free and socialising every weekend, im paying mortgage for two houses, they received housing benefit payments at beginning of month as temporarily out of work, they retained the housing benefit payment even though been back in work 4 weeks now. They now messing with my mail as some still gets sent to the house, Police wont help.

                Tenants have sent disgusting emails to me making allegations (tenant is a family member) against my partner in a bid to cause further distress.

                They refuse to communicate at any level. I text yesterday asking what time i could pick up the keys as they stated in an email they would vacate on 15th. their response was i was harassing them and would report me to the Police.

                (i work in a solicitors and very aware of not causing harassment)

                im at my wits end. i can actually see why people take the law into their own hands!

                i want to do things properly and just need to know that the law will be on my side as i intend to do the eviction proceedings myself with assistance from a housing solicitor

                i just need to know that i will be successful and get my house back and when? and whether they are able to defend or appeal any decision

                thanks for listening to me whine x

                Comment


                  #23
                  I know its difficult right now, but take comfort in knowing that because they are family, you have a lot more vital information on them in order to enforce a judgement for unpaid rent.

                  As part of your hearing a judgement can be made for the monies owing, and as you say they are working, you could then enforce an attachment to earnings order.

                  As you say you are aware, following the due process is essential, but I really do hope that you get a speedy possession.

                  Comment


                    #24
                    Originally posted by B1ue View Post
                    they cant go anywhere as council wont rehouse as intentionally homeless
                    - until they are evicted by court order / bailiffs. Sorry! Successive governments, all colours, have encouraged councils to be very cautious in offering help to those homeless ... (or would we all like to pay more tax to pay a higher homeless-support bill...££??). Having been evicted (possession notice/bailiff and if not because they were behind with their rent whilst in receipt of HB/LHA... they will get help..... Sounds like your tenants have zero motivation to leave until the very last minute.. (but they are only exercising their legal rights...)

                    and cant get references for letting agents etc
                    Hmmmnn... In my experience most landlords & agents are all too happy to give glowing references if that gets the dodgy tenant out of their property.. But I'm sure you know what you should do - the right, honest thing or the thing that gets them out(might be the same!!)... I know what I'd do....


                    Cheers!


                    Artful
                    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


                      #25
                      Also - providing their notice was valid you may be able to charge double rent as they gave notice and did not move out. There is a previous post on here about it.

                      I would personally hand everything over to a professional eviction company like landlordaction.

                      That way you are insulating yourself from the process and can say matters are out of your hands.
                      Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

                      I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

                      Comment


                        #26
                        4 months in arrears!

                        You need to get the eviction notice served- ASAP.

                        Comment


                          #27
                          Providing your section 8 notice has expired you can apply to the court for a possession order using the Possession Claim Online website.

                          It will take around a month to 6 weeks before the hearing takes place, but so long as there is still 2 months unpaid, you will get a guaranteed possession order under ground 8. If some rent has been paid, the judge can consider giving you a possession order under grounds 10 or 11. The judge can order the tenant to repay any missing rent too.

                          As Wickerman has already stated, you can ask for double the amount for any overstay beyond the notice they gave you. It is the Distress for Rent Act 1737. You will need to include that on your possession claim to maximise your chances. Take a copy of the legislation to court too - the judge may never of heard of it.

                          If the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

                          You should also look at the section 21 process, but s8 is usually the quickest option.

                          DO NOT be tempted to use any process other than shown above. to do so will almost certainly be illegal eviction, which is a criminal offence.

                          If the tenant does not pay the missing rent, you may have to use bailiffs etc to enforce the court order.

                          Comment


                            #28
                            Nothing in your post adds to your previous threads. Same situation. Same solution.

                            'Disgusting emails' etc are completely irrelevant to your possession claim - concentrate on that, not on peripheral family squabbles which will get you nowhere. If you continue to take such a chaotic approach, you won't obtain a possession order and the whole thing will continue for many months, and you'll be posting yet more threads well into 2011 asking the same old questions yet again.

                            Serve notice, apply for possession, obtain a possession order, get bailiff to enforce it.

                            And in future don't part with possession of your property without making proper checks and obtaining proper references, etc. It's no longer 'your home' when you let a property to a tenant, it becomes the tenant's home.

                            Comment


                              #29
                              Three 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).

                              Comment

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