Evicting Former Landlord Tenant

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    Evicting Former Landlord Tenant

    Hi all,

    Taken on a property which has the previous landlords tenant in situ who he had tried to evict but unsuccessfully. I believe the former landlord received no rent for 1.5 years!

    I've had the pleasure of meeting this tenant, who's a piece or work. I have the original AST but that's all, no deposit etc. What's my position for eviction? As said, no documents are in my name. I don't even know why the former landlord was unsuccessful at removing the tenant for so long (apparently he tried Section 8 & 21 routes!)

    Can the situation be viewed that the AST contract is invalid now, as us as new landlords are not noted, and therefore the tenant is squatting or tresspassing on our property?

    #2
    When does tenant say they 1st moved in?

    Why did previous landlord not evict? Most suspicious.

    Tenant has valid tenancy: Question is, is AST a sham & is it, say, Rent act tenancy.

    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


      #3
      Hi Nelly,

      Can you provide a bit more detail:-

      When did the teanancy start with the original LL and with you?

      When did it end?

      Was there a deposit with the original LL adn was it protected if it needed tobe?

      has the tenant given you a deposit?

      The original LL might not have served the notices correctly or just couldn't be bothered to evict.

      It is likely that the AST is still valid and that you will have to evict via S21.

      I hope you have a copy of the AST and that your T is not a sitting T.

      Comment


        #4
        Thanks for replies.

        AST drawn up by managing agents used by former LL. I don't know why possession wasn't granted - his solicitors were quite incompetent from my experience. I'm trying to obtain all the previous documentation and court correspondence. I've owned for few weeks now but not signed a new AST with tenant.

        Commenced 15th March 2010. Term field is blank but says undeneath "for not less than 6 months" and rent reviews are conducted after 12 months.
        No note on the AST about a deposit taken and non given to me. Tenant has not paid me anything.

        Contract definition for LL says "landlords successors in title and assigns." I therefore replace the old LL.

        Would I be able to reply on the old s21 notice which was served if I can obtain it? Or would I have to start all over again? I understand former LL started with s.8 route but that failed so he then waited further 2 months before trying s.21 procedure (as s8 &21 notices were not served together).

        Comment


          #5
          I repeat:

          Originally posted by theartfullodger View Post
          When does tenant say they 1st moved in?

          ...
          Don't believe ex-landlord, selling agent, theiir solicitors...

          This is important!! (As in maybe changing value of place to only 1/2 what you paid..)
          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


            #6
            Trying to find out AD. Regardless, not paying any rent for so long must mean eviction inevitable. Surprised tenant hasn't put a deposit together for their own place with all that saving!

            Comment


              #7
              Does anyone know more about what notices have to be served on the tenant notifying them of new Landlord? This is a single dwelling house with one AST. I have found the following:

              L1 = old landlord, L2= new landlord
              a. L1's Letter of Authority [telling you to recognise L2 and maybe indicating what L1 and L2 agreed on completion re any arrears];
              b. L2's Notice under s.3 of LTA 1985 [identity of L2 and an address- must be L2's home or business address , NOT A's]; and
              c. L2's Notice under s.48 of LTA 1987 [L2's address for serving Notices- must be in England & Wales but need not be L2's home or business address and could be A's office].

              Comment


                #8
                I'd serve all three notices if in doubt.

                It's perfectly possible, with a S 8 notice, that tenant could have counterclaimed for disrepair. So you'd have to be very sure there ISN'T any disrepair now.

                In any case I think you'd better start counting your two months unpaid rent from the next tenancy period after the date tenant would have received notices from you.



                Alternatively, and safer, use the S21 route. However, has previous L told you formally that no deposit was paid? What does the AST document say about the deposit? I'd expect the solicitor acting for you to have asked this.

                You do NOT have to sign a new AST, and you cannot force the tenant to do this. All previous terms and condtions of the AST carry over.

                Comment


                  #9
                  Thanks - I will serve s8 & 21 notice but go down the 21 route. I will also serve s.3 of LTA 1985 to formalise address change. I don't believe s.48 of LTA 1987 is applicable as seems to be for qualifying tenants.

                  @ artfuldodger. Have liaised with original letting agent. They will verify for me tenant moved in when I stated and apparently they have the original DPS records to prove. I just don't have the deposit myself so will have to contact the old L/L and DPS.

                  Comment


                    #10
                    Lodger not dodger: I do not dodge:

                    I repeat, don't beleive agent: DPS records just show when deposit protected: Ask tenant - suggest polite, calm, face-to-face introduction chat or calm polite letter... What does the tenant say??

                    Not sure you understands that if this is, say, a "Rent Act" tenancy (regardless of DPS & AST paperwork) the place could be worth less trhan 50% of what you think it is worth....

                    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


                      #11
                      Nelly30,

                      Read S48 of the LTA 1987 act again. It doesn't apply to business tenancies. Have you bought a business with accommodation?

                      Comment


                        #12
                        No. Ordinary residential terrace house.

                        I believe tenant may have been arrested!

                        Comment


                          #13
                          Originally posted by Nelly30 View Post
                          I believe tenant may have been arrested!
                          To add more problems for you ,

                          If the tenant goes to prison, you MUST ALSO serve documents to the prison where he is, and or to an address for service of such documents to the advised prison authorities.

                          There has been a case where a tenant was in prison for a number of years, did not receive documentaiton, and sued landlord for wrongful eviction, and the tenant received substantial payment in damages, and the right to re-enter his flat / home.

                          I think eventualy it was overturned on appeal, but just be careful and ensure docs are sent to the prison ( But check the internet on this / "what if tenant in prison" scenario, ) as you will then have an address for serving documents if you know where the tenant is, and tenant will not receive docs at his home, and knowing this may be detrimental to your case, but as said, do your own checks "ont Th'internet"

                          Comment


                            #14
                            Tenant not in prison as liaising with me by mobile.
                            Contract is bit wierd in that it was made on x date however rent payment date is y and no start or end date noted, simply first month rent should be paid on x date.
                            I will serve notices for both x and y date to be sure perhaps??

                            Haven't received deposit from old L/L yet although apparently protected.

                            I'm going to get a solicitor on board as I'm concerned and as said before T is a shrewd and nasty piece of work. Have already stated rent will not be forthcoming as I have "harrassed them" for it!

                            Comment


                              #15
                              Nelly: Good to hear you & tenant are communicating: When do they say they 1st moved in (you have asked them ...)???

                              Strongly suggest you follow up any mobile/txt comms with calm, polite letters (keep copy..) as then you have a paper trail is anything (eg harassment) gets to court.

                              Politely requesting rent due - say once a week - is fine: However, say, 'phoning them every day @ 05:30 shouting down 'phone "where's my money" would probably be harassment.

                              Best regards!
                              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

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