Tenants paying rent, but we found out property is empty!

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    #16
    I may have read the "standard" AST agreement wrong, but I'm sure in the 46 page Government Model AST, it says that an AST is no longer an AST if it is not the tenants main residence, which suggests to me, that if you can prove it's not their main residence, you can immediately take possession if you wanted to. I'd also suggest that any additional insurance premiums you are due should come out of deposit.
    But given that illegal eviction is a criminal offence, you'd obviously want to take legal advise on that.

    Comment


      #17
      Woah.
      Even if the tenancy isn't an AST, you can't simply end the tenancy like that.
      It's still a tenancy, just not the Assured Shorthold flavour.
      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


        #18
        Doesn't matter what the tenancy says, if tenants are genuinely no longer in residence (long holiday, prison, hospital don't change residency) then it can't be (may not be, legally impossible to be ) still an AST.

        But to evict still require court, starting with NTQ (not s21, not s8).

        However in this case I'd serve s21, s8 & NTQ to cover all possibilities.

        Except for end of fixed term
        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


          #19
          If it's a six month fixed term tenancy, it ends this month.
          There's no need to serve notices (which will just add to the confusion).

          If there's no tenant in residence at midnight of the last day of the fixed term, retake possession the following day, as the tenancy has ended.
          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


            #20
            jpkeates,

            What happens if they keep paying, even though possession has been retaken?

            (just interested)

            Comment


              #21
              They're sending you money for no reason.
              The tenancy has ended so no rent is due.

              If they were living there and you accepted rent a new tenancy would start.
              But they're not in possession and clearly aren't living there, so it won't.

              If they pay rent, send it back.
              And change the locks so they can't retake possession.

              To make things clearer send them a letter accepting their surrender.
              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


                #22
                Originally posted by theartfullodger View Post
                Doesn't matter what the tenancy says, if tenants are genuinely no longer in residence (long holiday, prison, hospital don't change residency) then it can't be (may not be, legally impossible to be ) still an AST.

                But to evict still require court, starting with NTQ (not s21, not s8).

                However in this case I'd serve s21, s8 & NTQ to cover all possibilities.

                Except for end of fixed term
                Thanks for the clarification.

                Comment

                Latest Activity

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                  DPT57

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                • Reply to Aiming to get a CCJ on ex tenant
                  by Hudson01
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                • Reply to Aiming to get a CCJ on ex tenant
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                  29-05-2020, 18:31 PM
                • Reply to Section 21
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                  MdeB

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