Problem with landlord who looks after my property

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    Problem with landlord who looks after my property

    Hi, I wonder if any of you can help me?

    I made an arrangement a year or so ago with the landlord of several other properties to look after my own as i had no idea where to even start. Now it's turned out the tenants have stopped paying and I want to get them out so I can sell the house.

    My problem is that the landlord (although signing their name on the tenancy agreement) is now refusing to help us evict them, citing not wanting the aaggravation. To make matters worse, the deposit wasn't registered - a fact we found out a few days ago.

    Is there a way to get the tenant out now? after a quick look on google, all I see if that the landlord needs to serve papers and not.

    help, please?!

    #2
    Do you have copies of the tenancy agreements?
    Have you been to the property to find out why they have stopped paying?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      we've been given a copy of the tenancy agreement and the tenant is saying he won't be paying because a) he can't afford it, b) he wants to be spiteful (he admitted this) and c) that he wants to be evicted to be housed by the local authority.

      I really don't know where we, as the owner, stand here.

      Comment


        #4
        Who is named as the landlord on the tenancy agreement?
        Is the tenant getting housing benefit? If you are not sure, then call the housing benefit dept of the council that deals with the property.
        Tell them that you are the owner. They will say:

        A. There is no claim at that address, or:
        B. We don't have authority to speak to you.

        If you get answer "B", tell them that the tenant owes 2 months rent, and you want to get the payments made directly to yourself.
        Tell them that you would like the claim suspended investiagtion of your claim(non payment of rent).
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          The landlord is named as the 'other person' on the tenancy, so not me. Yes, he is claiming housing benefit; a portion comes directly to us. The tenant just has to pay half every month, which he is now refusing to do.

          Comment


            #6
            Originally posted by kangeroo View Post
            My problem is that the landlord (although signing their name on the tenancy agreement) is now refusing to help us evict them, citing not wanting the aaggravation.
            If the LL is named on the agreement, he is the one liable for non protection of the deposit. The question is what the agreement you have signed with the LL is.
            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

            Comment


              #7
              Verbal agreement only, unfortunately. They were a friend, so when they offered to look after it for me, he was apparently happy to do so and I was naive, admittedly.

              problem is now, we need to get the tenant out. Just don't know how to do this legally.

              Comment


                #8
                kangeroo - is this person acting as your agent? - it sounds like you were receiving the rent in a landlord like manner and now the rent has stopped coming you are complaining.

                If you technically are the landlord then you are responsible for the deposit. Just clarify on what basis you let the person manage your asset - do you pay him a fee?



                Freedom at the point of zero............

                Comment


                  #9
                  They signed the tenancy as the landlord, not an agent. The landlord owns many properties and said they'd take care of 'everything' as, at the time, we were dealing with personal stuff and couldn't commit the time. We thought they were doing us a favour as a friend and no money exchanged hands.

                  Legally THEY are the landlord - I am the owner. That's where the confusion is with the legal issuing of notice to vacate etc.

                  Comment


                    #10
                    As an aside, the "landlord" hasn't always refused to help through the short tenancy. they've been helpful in many regards, but now we need to get the tenant out because of non-payment and breaches of tenancy and also because we want to sell, the landlord doesn't want to be involved in the legal side of it and is refusing to help.

                    Comment


                      #11
                      Who was receiving the rent? What benefit, if any have you had whilst letting this person run your property?

                      Did you honestly say ' here you let my property I can't be bothered and I don't want any return? Who if anyone paid tax on this rental income?

                      Sorry lots of questions I know.... but it sounds suspiciouslyy like this man is your agent - even if he did sign himself otherwise.



                      Freedom at the point of zero............

                      Comment


                        #12
                        (Sorry to worry you but..) You might check with Land Registry ...(£3, online, easy..)
                        http://www.landregistry.gov.uk/


                        and check he hasn't sold the place, transferred it into his name or mortgaged it..

                        Hope it works out..
                        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


                          #13
                          Originally posted by Interlaken View Post
                          Who was receiving the rent? What benefit, if any have you had whilst letting this person run your property?

                          Did you honestly say ' here you let my property I can't be bothered and I don't want any return? Who if anyone paid tax on this rental income?

                          Sorry lots of questions I know.... but it sounds suspiciouslyy like this man is your agent - even if he did sign himself otherwise.
                          Firstly, they picked the tenants and, so I thought, arranged everything that needed to be done (I didn't have any clue, and presumed they would.) They also have been the 'go to' person for the tenants and any matters have been dealt with promptly.

                          We pay tax on the rent. We receive a portion of it direct from local authority and the rest goes to "landlord" who then passes that back to us. the named landlord was doing us a favour at the time by dealing with it all.

                          My original question still stands, how can I legally evict them if I'm not named on the tenancy agreement as such? If this person is an agent, but signed himself as a landlord, can I as the owner over ride him and legally give the notice to evict?

                          And the artfullodger... it's definitely still in our name! I've got the property mortgaged and the "landlord" hasn't done anything untoward-except not wanting to be named on the legal notices!

                          Comment


                            #14
                            You can still evict.
                            Yoiu need to serve either a Sec 21 or Sec 8 notice, and the court will require a hearing. The hearing, amongst other things, will need to determine that you are indeed the landlord, and the landlord named as the landlord on the tenancy agreement is actually your agent.

                            You just need proof that that you are the "owner".
                            The letters/payments from housing benefit would be something to produce to the court.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Oh right, that's interesting. I thought that the section 21/2 month notice letter wouldn't be valid if the named Landlord on the tenancy agreement didn't sign the notice. If I am determined to be the landlord via a court hearing, would that mean I become liable for all the possible penalties that could be handed down for the original landlord not registering the deposit?

                              Hmm. Thanks for replying, Thesaint

                              Comment

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