Eviction without ast

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    Eviction without ast

    Hi, I have taken over the management of 3 proerties that I jointly owned with someone who is going bankrupt. It turns out he did not even have AST agreements in place and now I am managing them. I am just wondering what I would do should I need to evict the tenant's.

    I know how to do the normal processes such as section 21's etc.. but have no idea what to do without AST's. I am hoping to sign them all up on new one's but have 1 tenant currently not paying so may have a difficulty.

    Any help much appreciated.

    #2
    Presuming they are oral ASTs then the pre-court process is exactly the same as any other s21.

    Unfortunately you can't use the accelerated s21 court process so you will have to use the standard process.

    Section 8 is identical with or without written agreement.

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      #3
      If the landlord is about to become bankrupt then you could just let the Official Receiver deal with
      the tenancies as it will be up to him to realise any assets.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        #4
        What has/will happen with your joint ownership of the properties? Are you buying your partner out or waiting for the 'fire sale'?

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          #5
          hech, with respect, if you manage as many properties as you have claimed on this forum, you really should read up on essential landlord and tenant law. Your question is incredibly basic. Not knowing what kind of tenancies are in place in the properties you own/manage could cost you dearly.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #6
            When do the TENANTS say they moved in? May not be AST , may be AT or Rent Act.

            Agree with MTG
            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...

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              #7
              Many thanks for all the replies. Mind the Gap - it is very hard to read up on everything, my strong points are 1. development, I can do most work myself and manage several projects at the same time. 2. Property sourcing, 3. general management of buildings, 4. general letting management, 5. finance but my weak points are admittedly law.

              I am Director of about 10 companies, not all property so it is very hard to be good at everything, I have never had this problem occur to me and to be honest I will probably get them to sign new tenancies in any case but just wondered what I would do.

              I do not think I manage very many properties to be honest I know people under 30 years old who have managed 500+ Regarding the guy going bankrupt I am getting something my solicitor recommeneded, I think it was a deed of trust whereby I take over full responsibility for all of the properties and he signs this deed, this gives me some kind of cover.

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                #8
                With regards the tenancies, these were properties I did not manage at all, I have owned them 6 years and still have not seen inside of 3 of them. Yes mad I know but back in 2006 I was flying high and had so mcuh money and nothing to invest in, I took an opportunity and it has not really worked out as well as I hoped but now I own them outright it should turn out pretty good I hope.

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