Illegal Tenant

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    #16
    thanks for the advice guys.

    the original AST was written on 17th december 2009 for a 12 month period so this has obviously expired as it wasnt renewed

    i do agree that the section 8 notice is the way to go and one was served about 5 months ago but i didnt follow through with it due to the fact that the rent was still being paid on a fortnightly basis by the council directly to me. so i believe i can still take this via the courts as the notice still stands.... not sure for how much longer though.

    i have been given an address of the original tenant so will pay her a visit tonight and discuss if she wants to end the tenancy which will effectively mean that her spouse no longer has the right to live there.

    i dont intend to take any payments from the spouse who remains at the property as i dont think he will be able to maintain the payments

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      #17
      Originally posted by napster View Post
      The original AST was written on 17th december 2009 for a 12 month period so this has obviously expired as it wasnt renewed
      On 17 Dec 2010 it became a periodic tenancy under section 5 of the 1988 Housing Act

      i do agree that the section 8 notice is the way to go and one was served about 5 months ago but i didnt follow through with it due to the fact that the rent was still being paid on a fortnightly basis by the council directly to me. so i believe i can still take this via the courts as the notice still stands.... not sure for how much longer though.
      Section 8 notices are valid for 12 months. That is, of course, assuming that you are going to proceed on the basis of the tenancy being an AST.

      i have been given an address of the original tenant so will pay her a visit tonight and discuss if she wants to end the tenancy which will effectively mean that her spouse no longer has the right to live there.
      You will need that in writing - look up 'deed of surrender'. If you execute it as a deed (highly recommended) you will need a witness to the signatures - maybe their neighbour? He can not be removed without a court order, which yo would obtain based on the tenants notice/surrender.

      i dont intend to take any payments from the spouse who remains at the property as i dont think he will be able to maintain the payments
      Very wise, but the real tenant will still owe you money for the time he is occupying there - it is called 'mesne profits'.

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        #18
        thanks snorkerz

        i went round to her mums house last night and had a civilised conversation with the female tenant. she says she wants to go back but fears for her and her childrens safety. they have a court case later this week as to the charges pressed against him so will await the outcome of that before she decides how to proceed. she says she doesnt have a problem giving up the property and will most likely move on regardless due to the threat of being hurt again.

        so i am going to sit tight for a couple of days before deciding how to progress this. he may get sent down and i may not have to do anything but more likely that i will have to go down the path of getting him evicted

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          #19
          Just to be pedantic, if female tenant is the tenant, then it is she you need to get evicted.

          If spouse is imprisoned then all you need (female tenant willing) is a deed of surrender and (preferably) her to clear the property of his belongings.

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            #20
            in that case great as she is willing to sign a deed of surrender and she is the only one on the tenancy agreement.

            i spoke to her earlier today and she said she just wants her things back, which i agreed to as i have no need for it, so once she has signed the deed of surrender, i can go and boot him out and she will be free to collect his/ her things. she obviously doesnt want to go back whilst he is there.

            thanks again

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