Accelerated Possession Order. Next Steps?

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    Accelerated Possession Order. Next Steps?

    My mum lives in Dubai and she owns a 3 bedroom house here in London which I rent. To help with me paying the Mortgage & bills etc. I advertised on Spareroom.co.uk and there is a tenant currently living here with me. I am moving out soon and my mum wants to rent it out to a family so last month I gave her a notice to say you have 1 month to leave the property and she is refusing to leave. The tenant lied to me about working she is in fact on DSS and she said the the council did not accept my letter as an eviction notice. Now I am am new to this whole thing and I didnt protect her deposit but it is safe in my bank account. I did not expect to have to go through all this and she is saying that we will have to deal with this in court. I would just like to be pointed in the right direction as to what steps I can take to get her out the house the cheapest and fastest way preferably. If there is no cheap way then I have full backing from my mum who will support me financially. I got her to sign an Assured Short-hold Tenancy agreement if that makes any difference. Any advice would be hugely appreciated! I am well and truly lost. I can't leave the house until she is gone

    Thanks in advance!

    #2
    Click on this link and provide all the info required and then we can give you the correct advice:

    http://www.landlordzone.co.uk/forums...ll-new-posters

    Comment


      #3
      The Assured Short-hold Tenancy is invalid.

      You are the landlord.
      You are a resident landlord ( live in Landlord )
      Because you are a resident landlord, YOUR GUEST ( SHE ) is a lodger and can be kicked out with 24 hours notice.

      When you have to call the police, to get here to leave at the end of your on month notice to quit letter ( yes, confirm it in writing ) the AST is invalid and she is only a lodger, and any deposit does not have to be protected.

      Please wait for others to confirm the above.

      Comment


        #4
        My apologies

        Property is rented in England (London)
        Tenancy Agreement (Assured Shorthold Tenancy)
        Started TA (1st February 2015)
        Tenancy Agreement states (Per Calendar Month)
        A Tenancy Damage Deposit was given (Equal to one months rent)
        The notice was given 04/09/2015
        Yes I do live in the same property

        Thank you Ram for that advice you have made my day honestly!
        I will just wait for a few more replies to confirm!

        Comment


          #5
          ram is absolutely correct as long as you remain living in the property as your primary residence. This individual is a lodger only and has very few rights, regardless of what paperwork may be floating around. Give reasonable notice, a week should suffice now as they know you want rid already, then change the locks.
          I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

          Comment


            #6
            Does the tenancy agreement say you are the landlord?

            If so, make sure the lodger is evicted before your leave - regardless of what the tenancy agreement says, you can't have an AST when you live in the same property as the "tenant".

            If you've given her notice, she has to leave.
            If she doesn't you can simply change the locks to exclude her (you would have to look after her possessions and return them to her).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              The AST does have my name as the Landlord will this be a problem & no I certainly wont be going anywhere until she leaves!
              Thank you so much for all your help! really appreciate it

              Comment


                #8
                When you confront the Lodger, just say that they have already given one months notice, which has now passed, and that you expect them to be out of your property by Saturday 9 am ( Reinforce that you have already given them one months notice, and they should have left 3rd October )

                Ref the A.S.T.
                State that it was only given as a guide, and is not legaly standing, as she is only a lodger.
                When she does not leave by 9am Saturday, call the police stating you have a lodger who was given one months notice to leave, the notice expired 3rd October, and they refuse to leave and are now trespassing on your property, and you belive a breach of the peace may occurr if your lodger is not evicted today ( Saturday )

                Your lodger is trying it on.
                Remember, the "lodger" agreement either verbal or written is between you and the lodger.
                The lodger has been asked to leave and refuses to leave.

                Your predicament has nothing whatsoever to do with the council / Dhss / LHA / job center / housing / social services etc.
                She has been asked to leave, and refuses, therefore is a trespasser from today.

                Don't get into any arguments with her about council / A.S.T. ( ast was just a pre written form for basic info, --- end of, and dont try and prove your poinf -- just that it's not a valid document as she is a lodger)
                Just -- she is a lodger and must leave.

                She cannot come back at you.
                She is a lodger and has to leave.

                Stand firm, and be the oposite of what you have just been.
                E.G. You stand fast -- she has to leave Saturday -- end of ( and give deposit back in cash -- get receipt )

                Comment


                  #9
                  Originally posted by muselnor View Post
                  The AST does have my name as the Landlord will this be a problem & no I certainly wont be going anywhere until she leaves!
                  No that's a good thing - you are the landlord and this is your main residence.
                  I was concerned that your mother's name might be there as landlord.

                  Ram's advice is absolutely spot on.
                  (although I'd give the tenant a cheque to give them the deposit back and photograph it and complete the cheque book stub)
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    ram,

                    That is perfect, I can't thank you enough. One more thing I actually just wrote a letter requiring possession of property I didn't provide a Notice to quit is this the official paperwork I need to provide and then she has 1 month from then?

                    Comment


                      #11
                      Do you mean you have sent her that letter?

                      If so confront her and say you have just taken expert advice and she leaves Saturday 9am as previously pointed out - don't give an inch - she will take a mile!



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

                      Comment


                        #12
                        What I meant was I just I didn't actually give her an official Notice to Quit a few months back I just wrote an unofficial letter (she needed for the council) stating I require possession of the property. Yesterday I paid £69 for an official notice to quit so i'm guessing she now has a month from when the notice is handed to her. Is that correct? Sorry again i'm not familiar with how this all works!

                        Comment


                          #13
                          She has as long as the notice says.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            if you have not given her that £ 69 letter, then don't.

                            Just write your own saying that you verbaly requested her to leave on the ( 3rd this month ? ) and as she has still not left, and you give her 24 hours notice to leave your property due to her refusal to leave when requested.

                            Don't give her yet ANOTHER month.

                            You have a copy of the letter she wanted for the council, so no probs.

                            You told her to leave, and she has not -- so just a letter from you similar to above.
                            Up to you, but i expect you will take the easy route ( £ 69 )

                            You don't even need a letter, as she is a guest in your house, and guests do not overstay. If the police arrive, are they going to DEMAND a letter from you, -- no
                            because you are standing there saying your lodger refuses to leave, please remove them.
                            They are not going to ask for a copy letter ! ! ! ! ! ! and makes no difference, you have a problem on the doorstep, and they will remove her.

                            Comment


                              #15
                              Appreciate all the help thanks

                              Comment

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