Using Property As A Business

[daegu26]

Hi,

I would really appreciate any advice that would help me to ultimately give notice to my tenant, who has managed to avoid paying over 6 weeks worth of rent (so far), thus also cleverly avoiding being issued with a s8 on the grounds of rent arrears. (Problems with rent started early on in tenancy [less than 2 months to be precise] and I fear that this will be an ongoing pattern, where he will pay just enough rent to keep the s8 at bay!)

It's come to my attention that he may be using my property to carry on a business. He is using the address on the 'contact us' page of his (photography) website and has in fact emailed me on one occasion, using the same business email address. My question is:

Is this information enough to evict? i.e. using the address to be contacted at? Or would I need to see evidence in the form of equipment and the like to substantiate my strong suspicions? I havn't checked with Company House or anything to see if he's actually registered any business officially, so I don't know if he has, if the same address is being used. Also, I'm sure there are cost implications to get that kind of information, so if possible, I would like to avoid paying for this information at this point.

Any advice, suggestions would be greatly appreciated. Thanks.

[mind the gap]

If he is conducting a business there (assuming you have evidence), he would be in breach of contract and you could serve a section 8 ground 12 (non-rent breach). However, to be honest, you would stand more chance of getting him out with ground 8 (plus 10 and 11) as soon as the rent owed and unpaid reaches two full months' worth.

Ground 8 is mandatory grounds for a possession order; ground 12, only discretionary.

If he keeps the rent owed below two months' worth, simply serve him a s21 as soon as you are legally able and claim the rent from his deposit when he leaves, or through moneyclaimonline if need be.

You may however want to be pragmatic' about his 'business'. If he were repairing motorbikes or serving kebabs in your property (with all the coming and going, noise , smell, etc), that would be one thing. Photography is another - unless you think it's the dodgy sort?

[Snorkerz]

You can check on here to see if it is a limited company - but that is only one kind of business, an awful lot of photographers will be sole traders, and other than the tax mans records (no, you can't) there is no registration as such.
http://wck2.companieshouse.gov.uk/8d...essCompanyInfo

You can, as MTG says, serve a section 8 notice NOW on grounds 10, 11 and (possibly) 12 - but these grounds are discretionary - ie the judge will have to make a decision if the breach is severe enough to warrant evicting the tenant.

[daegu26]

Thanks very much for the feedback mtg. I was kind of clutching at straws, I know but I'd really like this guy out like yesterday!

A quick question re: deposits, if you don't mind? As you mention a website that can be used to claim lost deposits (?) I foolishly returned my tenants deposit, as I had not issued the required paper work within the 14 day period. (I think I panicked because of a technical cock up with a previous tenant) Well it goes without saying that that money is now not available. Can I use this website to track down that deposit for unpaid rent at a later date?

Once again, thanks for previous info and advice.

[daegu26]

Thanks for that informative response Snorkerz, it does seem unlikely he would have registered there and anyway, as mtg said, it's not as if he's carrying on a business that is likely to disturb the neighbours or cause any major problems. I think my only realistically option is to hope that he goes over 2 months in arrears and then just serve him with the S8. Other than that it looks like he's in for the duration.

Once again, much thanks for your help and advice.

[mind the gap]

Can I use this website to track down that deposit for unpaid rent at a later date?

Do you mean that you protected it then released it to him via the scheme, or did you return it to him out of your own pocket?

If the former, all you can do is claim whatever he owes you through the courts in the usual way...get a CCJ on him if he doesn't pay up...get an attachment of earnings order so he has to pay you back (prob. 55p per week or something derisory, depending on what he tells them about his circumstances).

If the latter, then yes, you should claim the whole lot back, although if your T claims it too you will have to prove you have already repaid him yourself.

[daegu26]

If the latter, then yes, you should claim the whole lot back, although if your T claims it too you will have to prove you have already repaid him yourself.

Yes, I actually transferred the money from my bank account to his. I hope that will be proof enough.

Thanks again for the advice.