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?
Abortive purchaser lodging with unhappy vendor
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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.
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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.
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by B-E-EI did not know this - thought it was standard to have an agreement in place but thanks for the clarification. Learning new things as I go along. And yes, the tenant was served notice of my name, address and bank details.
@theartfullodger The address in the S3 notice is in England.
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Channel: Residential Letting Questions
20-04-2021, 19:19 PM -
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by B-E-EHi Everyone
I just recently bought my first buy-to-let property, with the tenant in situ. After the sale, the tenant was issued, by post, a Section 3 Notice and a new Assured Shorthold Tenancy Agreement, which the tenant acknowledged receiving. The problem is, after almost 3 weeks, the...-
Channel: Residential Letting Questions
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Reply to Changing AST when tenant moves outby Eric@Thanks very much for your advice.
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Channel: Residential Letting Questions
20-04-2021, 19:04 PM -
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by Eric@Hi, I’d be grateful for your advice on the best way forward. Our tenants are a mother, 2 adult daughters and one child. The eldest daughter is getting married and moving out. She and her mother currently split the rent as the mother’s salary wouldn’t cover the entire rent. The eldest daughter...
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Channel: Residential Letting Questions
19-04-2021, 13:16 PM -
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by cymro123I would engage the services of someone who knows the law to check what risk you have taken on (e.g. missing paperwork) and advise what exactly you should be doing next
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Channel: Residential Letting Questions
20-04-2021, 18:28 PM -
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by Pea1981The email said
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Channel: Residential Letting Questions
20-04-2021, 18:27 PM -
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Channel: Residential Letting Questions
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