Sole tenant left; sharer remained; eviction advice?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sole tenant left; sharer remained; eviction advice?

    I am new to this forum and let me just begin by saying how excellent it is. Its good to know we landlords are not alone because its sometimes easy to feel as such given the ridiculous tenancy laws we have in the UK.

    I am an "amateur" landlord but have never had any problems with tenants until recently.

    I am in the process of evicting my tenants. Here are some facts:

    1. Tenancy agreement signed with Miss S which expired last year.
    2. Miss S has moved out some months ago after breaking up with Mr T who still lives there. All rent payments to date have been made by S so she is still legally responsible as the tenant.
    3. Due to on-going arrears, unreliability, compulsive lies (almost as bad as the rent was late due to my abduction by aliens), S 21 served in January which expired on Mar 31st.
    4. Mr T had agreed to move out on Mar 31st but he did not. He has since agreed (have evidence in test msgs etc) but failed to move out on May 2nd, 16th, 23rd. He now claims he is going tomorrow (June 2nd) but after so many broken promises, I wont be holding my breath.

    Miss S has also been in touch to confirm this as I told her that any court action will be against her as she is legally the tenant. I dont believe a word she says as she assured me he would move out on May 16th/23rd which is why I delayed the court action. She even threatened to call the the police as T is tresspassing but did not do so as he is still there.

    If the flat is not vacated tomorrow, I am going to go down the APP route with form N5B. Can anyone please provide some tips on how to complete this form or is there a sample form anywhere on this forum ?

    Also, is the fact that T is tresspassing given that S has withdrawn permission for him to live there of any advantage to me ?

    Thanks in advance.

  • #2
    I forgot to add that they do not have any children and are both in FT employment. Thanks.

    Comment


    • #3
      are they both named on the AST??

      Comment


      • #4
        Its sounds like she is the only named tenant on the ast?

        If she is still the tenant of the property because she has not surrendered it (by giving you her keys or saying so in a letter) he is her lodger. She has the right to go back into the property, immediately evict him and change the locks before she surrenders the tenacy to you (by giving you the keys). You could ask her to do this, because until she surrenders she is liable for ever increasing rent.

        Otherwise you need a court order to evict him. With an S21 notice, the judge should grant possession as a matter of course regardless of the circumstances.

        On the otherhand boyfriend might claim the tenancy has been assigned to him by his girlfriend and now he is the legal tenant of the property.

        Legal advice would be a good option.
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

        You can search the forums here:

        Comment


        • #5
          Thanks, yes, she is the only one named on the AST.

          I have been very careful to ensure boyfriend does not become the implied tenant as all rent payments have been from her.

          He was supposed to leave yesterday (the 5th time he has agreed to do so) but there was no contact from them yesterday. I did visit the property today from the outside and noticed that the surround speakers had disappeared and the windows were all shut so maybe they have done a runner !

          I have a tape recording from him stating that they would be leaving yesterday so I guess in a few days time (if there is no change in the windows/lights etc) I may have "reasonable grounds" to enter the property.

          The saga continues....

          Comment

          Latest Activity

          Collapse

          • This is a NO isn't it? Seems iffy to me, what do you think?
            Berlingogirl
            This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.



            "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
            27-07-2017, 13:57 PM
          • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
            MrShed


            I'm assuming you are posting this for a laugh
            27-07-2017, 14:22 PM
          • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
            nukecad
            I'm surprised that you are even asking, it's obviously some kind of scam.

            At the very least phishing for your personal contact details.

            "British America Business man" who can't spell 'American' or even write English properly? - "my personal assistance and he...
            27-07-2017, 14:11 PM
          • Burglary Damage - Who Pays?
            Pb21
            Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
            25-07-2017, 11:40 AM
          • Reply to Burglary Damage - Who Pays?
            John Duff
            Following on from my last post, had the tenant not informed the police and landlord at the time, they would have failed in their duty. I therefore would expect the tenant to foot the bill at the end of the tenancy or sooner.
            27-07-2017, 13:45 PM
          • Tenant's energy debt.
            Gordonmrln
            I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
            20-07-2017, 22:08 PM
          • Reply to Tenant's energy debt.
            Gordonmrln
            Hi there, I've also been looking into the office of fair trading as nobody has said whether you believe that E.on or that LCS have acted is the correct manner when looking into a debt. well I have found out this piece of information and would like to know your thoughts and views if its correct and I'm...
            27-07-2017, 13:30 PM
          • Reply to Burglary Damage - Who Pays?
            John Duff
            Criminal damage not connected with the tenant occurred during the tenancy and was reported as such at the time. It is not the case that the tenant caused or was responsible for loss of value beyond wear and tear.

            I'm just stating my view which appears to be backed up from sources other...
            27-07-2017, 13:15 PM
          • Reply to Burglary Damage - Who Pays?
            jpkeates
            If the tenancy ended and the lock was broken, it would be a loss in value beyond fair wear and tear and I'd expect the tenant to compensate the landlord for it.
            Same as any other damage.

            What's different about it during the tenancy?
            27-07-2017, 13:03 PM
          • Reply to Burglary Damage - Who Pays?
            John Duff
            Yes, they have a duty of care but not the same responsibilities as a lease/freeholder.

            If I was the tenant, I'd refuse to pay. This is assuming I hadn't been grossly negligent and had reported the damage at the earliest opportunity to both the police and the landlord. I would expect a TDS...
            27-07-2017, 12:55 PM
          Working...
          X