Permitted Occupier - Help!

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    Permitted Occupier - Help!

    Hi. I have a tenant in my property on an Ast with break clause. He went into arrears in December. Both myself and the letting agent have tried to contact him but his phone is disconnected. I signed to allow a permitted occupier and know this guy has not responsibilities ie I can't get rent off him. My question is tho - if my tenant has moved out, what rights does the permitted occupier have. Like I say, no one has spoken to the tenant in around 3 months. Recorded/signed for letters I have sent have been signed for by the permitted occupier. I've served notice and also logged with small claims - any ideas on how I can get my money from either of them?

    #2
    Evict the tenant.
    The permitted occupier will go with him.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      The permitted occupier has a right to stay there as the T's guest (or perhaps lodger), for as long as the T's tenancy remains in place. It remains in place even if the T has moved out (and you can't know whether he has or hasn't, or is just there part of the time).

      In order to end the tenancy and regain possession, you must apply for a possession order against the tenant (all documents to be sent to the T at the rental property address).

      You cannot claim any unpaid rent from the permitted occupier, only the tenant.

      Comment


        #4
        Stronger, don't accept any money from the occupier - if you do likely you will grant a new tenancy, and an AST at that...

        Cheers!
        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


          #5
          Thank you all. I have served notice via section 21. Is there anything I can do to get the arrears? Have logged with small claims -anything else I should be doing?
          Thanks

          Comment


            #6
            My advice (others may hold alternative views..)

            Also issue S8 for 8, 10 11 (as appropriate..) and pursue BOTH s8 & S21 for possession...

            Once you have possession then start the attempt at recovering £££. S8 if granted will come with the ££££..
            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


              #7
              Originally posted by theartfullodger View Post
              My advice (others may hold alternative views..)

              Also issue S8 for 8, 10 11 (as appropriate..) and pursue BOTH s8 & S21 for possession...

              Once you have possession then start the attempt at recovering £££. S8 if granted will come with the ££££..
              The problem I have is my letting agent has dealt with the section 21 - I had a break clause in the Ast. They have however left me to sort reclaiming the arrears!!

              Comment


                #8
                (In your shoes..) I'd not trust agent & for possession agent cannot take action, only the landlord.

                Pursue S21 yourself & start S8 also (s8 just might be faster) & get possession back first...

                (In my opinion..) there is no point starting separate arrears action through court as you won't know until they've gone how much they owe (rent, damage, legal fees..).

                If you need help try these guys run a senior forum member...
                http://www.tenancyservices.co.uk/

                Having said that start writing calm, firm but polite letters to tenant and/or guarantor with rent schedule (dates due, what paid, shortfall, total outstanding..) requesting funds earliest...

                Your priority is to get possession (I assume...) first...
                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


                  #9
                  If you need help try these guys run a senior forum member...
                  [url]http://www.tenancyservices.

                  Thanks a lot for this. He is due out in around 2 weeks so if he doesn't go, I'll contact them to help me with a s8

                  Thanks again

                  Comment


                    #10
                    I would agree with theartfullodger, contact http://www.tenancyservices.co.uk/

                    Comment


                      #11
                      A section 21 notice does not end the tenancy & does not require the tenant to leave. It simply, on expiry, if valid, allow you to apply to the court for s possession order.
                      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


                        #12
                        What does the "permitted occupier" say about the situation?
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Permitted occupier has also changed their phone number!! The letting agent visited and he said he knew nothing about it, gave an updated number which also turned out invalid! I've been round since but no one answered....

                          Comment


                            #14
                            They told the letting agent that theu knew nothing about "it". What is "it"?

                            Post a letter giving them 24 hours notice to inspect the property to view its condition.
                            Then see if anyone is still living there.

                            If they give you a number, call it in front of them.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment

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