Abortive purchaser lodging with unhappy vendor
hi i hope someone can help? i currently own a part buy part rent property the housing assosiation owns 70 % of the house. in february this year i moved out to another property which i am renting with my partner.i have been trying to sell the property and a lady claimed that she was going to buy it off of me, as she had problems at her end i allowed her to move into my property on the assumption that she was going to buy it and pay the rent in the mean time.. un fortunately since moving in she has decided not to buy the property and has refused to pay me any rent.. i have no idea how to get rid of her and cannot sell the property until she has left, the housing assosiation cannot help me as i should not of sub let the property??? i am in a real pickle can anyone help me?
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Oh dear - I think you re going to need some professional legal help here. By agreeing to let this person occupy your property you have probably made her a tenant, despite her not paying you any rent. You will need to serve a section 21 notice to oblige her to leave, but you will have to allow her to stay for six months before going to court. A court hearing will be necessary as there is no written tenancy agreement. Alternatively when she is in arrears by two months you can use the section 8 route, again a court hearing is required.
What are the housing association doing? Are you still paying them the rent you owe them? Is the other person? Of course you could say goodbye to the bit of the house you own and let the HA evict her for non payment of rent but they could take action against you for some kind of recompense.
I am suprised, if you intended to sell your share of the property, that you didn't engage a solicitor or licenced conveyancer to deal with this then hopefully your problem would not have occurred.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. -
I smell a 'Professional Tenant'
Housing Associations always let you Sublet..You just need their consent first!Comment
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No they don't Uncle Fester, I've seen plenty of HA leases that do not allow you to sublet under any circumstances, in fact, I had to drop purchase of two ex-HA flats when I inspected the lease which stated quite categorically that the flat could not be sub-let.
Ex-council leases generally let you though.Comment
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Anything in writing that she was going to pay rent? Perhaps you only allowed her in to view the property so she could make a decision on buying. She perhaps is now squatting. Can this be fast tracked under this scenario? Anyone know?ASSUME NOTHING - QUESTION EVERYTHING!Comment
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Not squatting you'll have to go the usual routeComment
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As you have not accepted any form of payment at all I dont believe the statutory 6 months contract would be enforce, so it looks more like a squatter!!Comment
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Reply to accelerated possession section 8That's not the same thing, though.
A section 21 notice accelerated possession claim is one that can proceed without a hearing (although that doesn't always happen). It is a specific process that you elect to follow (or not).
A section 8 notice will always have a hearing, because...18-01-2022, 17:36 PM -
Is it possible to exercise accelerated possession using section 8 ?
My solicitor is advising to go with accelerated possession to evict the tenant and once we have court order we can file another court case to collect the rent arrears .
i was in impression that accelerated...18-01-2022, 12:45 PM -
As a LL who uses a letting agent, I like to look around my properties occasionally in order to ascertain whether I need to be doing anything - I find my views and the agent's often differ! There is no reason to be particularly alarmed by this - I would see it as an opportunity to raise any issues with...18-01-2022, 17:04 PM
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Thank you both. I have now read up about it.
As far as I can see, there are a number of risks to both the resident guardian and the guardianship company. The former (ostensibly) has very few rights and may end up living in a substandard or even dangerous property; the latter risks getting...18-01-2022, 16:46 PM -
Won’t care if buying property as I did
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18-01-2022, 16:24 PM -
Reply to accelerated possession section 8as per this blog it is possible If the tenant falls behind with rent, the landlord can repossess the property and cut their losses. After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure. If proven the court will grant the order immediately.
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Reply to accelerated possession section 8There is no accelerated possession with section 8.
I think your solicitor is suggesting using section 21 to obtain possession and then making a separate claim for the money the tenant (presumably) owes.
That would be the advice of many people here, provided that you can serve...18-01-2022, 13:13 PM -
It may be that the LL is making sure the LA is doing their job with their property, rather than checking up on you. Is there any reason you don't want both of them looking at the same time, I would have thought it was more efficient then each come separately.
You just need to ensure you...18-01-2022, 11:04 AM -
Reply to Rent increase or being served noticeJust bear in mind, when you are served notice, and don't leave, the LL/ LA will then move towards the courts, once this happens all the costs will then be on the T.
Your best solution is to communicate with the LL/LA as well as search for alternative accommodation, you will have up to 2...18-01-2022, 10:58 AM -
Reply to Rent increase or being served noticeMany thanks all for your reply. Yeah there is nothing on the market at all really, nightmare.
I assume they wish to serve me with a S21 immediately as they gave me 7 days to respond which would tie in with S21 being served two months before my tenancy even ends.
I’ve been...18-01-2022, 10:23 AM
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