Obtaining property by deception

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  • Obtaining property by deception

    Just wanting to know where I stand if a bad tenant, who continues to not keep up to date with clearing his arrears and constantly makes excuses despite running his own business, has now offered to voluntarily leave. I am happy for him to do this and I would like him to leave asap and just want to know what a reasonable notice period is to agree with him. I anticipate that he may not leave at the end of this time anyway but I'm merely wanting to know what is best to do in this situation. many thanks :-)

  • #2
    A "reasonable" amount of time is whatever you both agree to. I don't see the point in it, as it means nothing.

    Serve him a Sec 8 notice because of his rent arrears.
    Also serve a Sec 21 notice.
    Allow tenants to protect their own deposits. I want free money when they do it wrong


    • #3
      if he gives notice to leave, then you can evict as a tresspasser if he doesnt.

      When did the tenancy start? when did the fixed term end? any renewals?

      Not sure what your question is though. If you want him to leave, the sooner he leaves the better. Mind you though that the notice should come from him, otherwise its a whole different story. If he gives notice to leave in a week, accept it. You can claim for unpaid rent, after the end of the tenancy. will it be covered by his deposit?
      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.


      • #4
        Is a tenant who doesn't vacate after they have given notice a trespasser? In my opinion (and the law) they're not. You could charge said tenant Mesne profits though... Although I wouldn't advise in doing so as it could be perceived as demanding and accepting rent after you are claiming the tenancy has ended.
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]


        • #5
          Tenant's partner has a right to be in my house even after I evict him????

          I am in the process of getting rid of my tenant who is almost 2 months behind in rent, though clever enough never to let himself fall exactly 2 months behind despite never paying properly since March. His partner lives with him, but due to me being a new landlord and not getting good advice from the letting agent (who did the tenant search but doesn't manage the property) I did not add her to her tenancy after she moved in shortly after he signed the contract. I had a call from the local council doing some check on his partner as she is looking for a new tenancy (after I made it clear I want both of them out) but was told that even if I evict him under a section 8 for non-payment I can not get her out as easily, even under squatter legislation as she now has a right of entry from the person who does have a tenancy. How is this even possible? Surely if the person with the agreement has been evicted then their ability to stay in my house is stopped with it? How on earth can I then get this person out of my house, I need to sell up as I can't even afford my mortgage anymore..........


          • #6
            When the bailiffs enforces your court possession order they will remove everyone from the property and you will be able to change the locks.


            • #7
              Thanks. I hope so but the woman from the council was adamant his partner can stay and can't be dealt with as a squatter, she then advised me to join the landlord agency ran by the council for advice and support. However I have legal insurance that I am hoping will cover all this!


              • #8
                Council woman is talking out of her arse. As stated above when bailiffs come round they evict EVERYONE!
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


                • #9
                  Do I have to do this???

                  I have had bad tenants since March and am evicting as soon as possible as they have nearly 2 months arrears and haven't paid properly since moving in. I let the property unfurnished but left the washer there because I have one in the property I now rent so no longer needed it. I have just received a text to say it has broken down. They owe me £900 and are meant to be leaving as soon as they find another property (unlikely they will get one easily as the partner has a poor history and the tenant will not get a good reference from me, they also owe me £300 additional money for getting a dog without paying the additional deposit before getting it. Am I within my rights to refuse to mend it (they will probably take it with them when they go anyway!)


                  • #10
                    There is no 'statutory' obligation like there is with doors or roofs but the tenants may use it as a contractual defence to the amount they owe.

                    Does the tenancy agreement specify who is responsible for repairs?

                    As you are evicting - can I check that your tenancy agreement does state that you can use section 8 (grounds 8, 10 & 11) of the 1988 Housing Act?

                    Deposit correctly protected and the info required by law given?


                    • #11
                      Yes I can use section 8 but as they have been clever enough to not get the full 2 months behind i would have to use discretionary grounds and given they have children I doubt a judge would evict them just before Xmas..Deposit is correctly protected etc. The washer is not part of the contract as all else was unfurnished and I'm not even sure she is telling the truth as she has persistently lied throughout the term of the contract so I am looking at getting an appliance guy to go and check there is even a real fault with it! She is meant to be moving out anyway as the relationship apparently broke down so there would only be him left (technically)and we have discussed him moving out as soon as he can find another property because of how badly they have managed their tenancy. I on the other hand have got all repairs and work done on other problems that have arisen with the boiler and roof on the day they have occurred, but I now draw the line at a washer that was only left behind, unless absolutely necessary!


                      • #12
                        Obtaining property by deception

                        I've discovered that my 'tenant' obtained my property through false pretences and actually took the tenancy so that his partner could move in. He has apparently kept a separate property with the council though always told me he lived with her at my address, but she claims different (i have texts from her detailing this). The rent has not been paid correctly since it was obtained in March and they are now almost 2 months in arrears. He has persistently fobbed me off with reasons for getting behind. I also now think that he must have made false representations about his finances to obtain the property as he clearly cannot pay for 2 properties on his wages. His partner has now refused to pay the rent arrears due today because I have challenged her about her recent behaviour, which includes libelous claims to the council in her attempt to secure another property to move into as I have advised her to leave. She is not on the tenancy in name, only him. Is the contract even valid on this basis? And will a Section 8 order on a discretionary basis be solid enough? After abusive texts from her today I have told him that she is to leave my property immediately. Wondering where I stand on this......


                        • #13
                          You can try to seek possession under

                          Ground 17

                          The tenant, one of the tenants, or a person acting on behalf of the tenant has given false information to the landlord which resulted in the landlord granting the tenant the tenancy.

                          Sounds like it would be best to get a solicitor involved in this one as they seem like 'professional tenants' (know the law and want to play the system)


                          • #14
                            Serve a Sec 21 whilst you are thinking about it.
                            I would look at serving a Sec 8 with grounds 8, 10, 11 and 17 as soon as the tenant has 2 months rent unpaid.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong


                            • #15
                              Four related threads have been merged.
                              I also post as Mars_Mug when not moderating


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