Help Please! Tenant arrears, wrong tenant nightmare!!

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    Help Please! Tenant arrears, wrong tenant nightmare!!

    Hi Everyone,
    I'm new to this forum, and fairly new to looking after my Boss's tenants, so I need some advice please. We have a tenant who is now over £3,000 in rent arrears. She has been seriously ill so the landlord has been a bit soft with her, but now its very much out of hand. She says she will pay some rent whenever I speak to her, but then nothing happens. When I do her she is always very apologetic and seems to genuinely want to stay in the house, but then as soon as I put the phone down, everything goes back to normal, i.e. no money paid. The other problem is that when I checked her lease (which was drawn up in 2011 by a 'professional' lettings company) there is a different name on it. The name on the lease is the daughter, with the mother as guarantor. So, the person named as guarantor is now in actual fact living in the property. The lease has a clause stating that only the person named is allowed to live there, but at some point over the last three years they have swapped over, not sure what to do about that now. As far as I was aware, the current tenant was always the tenant, but this is clearly not the case. So, my questions in this very long winded first post (sorry!) is what do I do now? Can we evict with a Section 21 or is it a section 8 on the grounds of rent arrears? Can we evict when she is not named on the lease, or is she trespassing? And, what do we do if she doesn't leave? Also, the guarantor documents will all be worthless now too won't they?

    Nightmare! Thanks in advance for any advice you can give.
    Helen

    Newbie x

    #2
    Welcome to Landlordzone.

    My first suggestion is to please use paragraphs when you post.

    What you should do is serve a Sec 8 upon the tenant citing grounds 8, 10 & 11.
    If successful, you will get possession, and an order for the payment of the outstanding rent.

    Did the tenant pay a deposit, and if so, was it protected properly?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Thanks for reply, sorry about long paragraph.

      As far as I know the tenant did pay a deposit, but what happened to it after that I have no idea. The lettings company is no longer in existence, all I have are bad photocopies of the tenancy agreement and there is no mention made of a deposit at all.

      Thanks.
      Helen

      Newbie x

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        #4
        Go onto the websites of the DPS, My deposits and the TDS and see if a deposit is registered in the TENANT on the agreement name.

        Does your boss usually take deposits - if so what does he do with them?

        Meanwhile apply for the Section 8 as suggested using the name of the TENANT not her mother.



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

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