Can I kick out a tenant that never paid a deposit or any rent ?

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    Can I kick out a tenant that never paid a deposit or any rent ?

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? - ENGLAND

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? - SOLE TENANT

    Q3 – What date did current TA start dd/mm/yy? 01/12/2015

    Q4 – How long was initial fixed term (6/12/24 months / other)? 12 MONTHS

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? MONTHLY ON THE 1ST OF EACH MONTH

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? NO DEPOSIT PAID

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant? I WAS LIVING IN THE PROPERTY AND HAVE NOW MOVED OUT ON THE 1ST FEB 2017

    This is a my situation:

    I wrote a tennacy agreement for my partner at the time we were co-habiting and living in the same propert I ma the house pwner / landlord and she was to be my tenant , as it happens she never paid anay rent. She also never paid a deposit.

    I have moved out o fthe house, teh tenancy never got renewed so i assume it went to periodic automotically - i have moved out of teh house and need possesion back.

    Where do I stand in terms of getting possession back, is the ast valid since no money ever excnhaged hands and no deposit was ever received?

    Do i still need to serve a section 21 - or is the ast void from the start?

    any advise would be very kindly received

    thanks

    #2
    If you were living in the property with the tenant, it probably wasn't ever an AST.
    If no rent was paid, the agreement was completely pointless (unless she was committing benefit fraud) and it's come back to bite you.

    What does the agreement say was being rented - a property, some rooms or what?
    Last edited by jpkeates; 29-04-2017, 17:15 PM. Reason: changed my mind about something
    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


      #3
      Originally posted by jpkeates View Post
      If you were living in the property with the tenant, it probably wasn't ever an AST.
      If no rent was paid, the agreement was completely pointless (unless she was committing benefit fraud) and it's come back to bite you.

      What does the agreement say was being rented - a property, some rooms or what?
      The agreement was for a property,

      She told me she needed a tenancy agreement for her work to pay her accommodation allowance - well funny you should say about housing benefit - I later find out she is a compulsive liar and in fact was using that to claim housing benefit, I also find he has outstanding council tax bills and utilities in the last 3 properties she has lived in,

      needless to say we are finished after she has lied to me for 18 months

      so legally where do i stand is this a valid contract or not?

      Can I throw her out ?

      Comment


        #4
        You compiled a TA for your now ex-partner. IMO it may require a Judge to determine if you supplied a Lodger Agreement or verbal AST. Why did she not vacate/receive Notice when you left the Property?

        Comment


          #5
          You could actually be found guilty of fraud depending on what you put in the tenancy agreement.

          You were aware she didn't have a tenancy, that she was your partner and that an AST was not appropriate.

          For housing benefit to be awarded there must have been a mention of the sum of rent due.

          It will be hard to argue you weren't part of the fraud and eviction will be the least of your worries.

          The only thing you can do Is continue the charade that it is an AST and evict her via section 21. You can't argue otherwise without breaking the law.

          Comment


            #6
            You can't just 'throw her out'. You need a Court Repo Order or valid due NTQ from her IMO.
            It would appear she has you by the 'short & curlies'.

            Comment


              #7
              The tenancy agreement was a fraud (and had no purpose otherwise - no rent was paid or expected).
              So it shouldn't be enforcable.

              But the whole story has a lot of missing elements, the property owner has moved out of it, leaving their ex-partner in place - which is an odd turn of events.

              I think I'd proceed on the basis that the occupant is simply a guest and exclude them.
              The tenant has three options (other than accepting the situation).
              The police - who are used to dealing with domestic issues.
              Claiming illegal eviction or suing the owner of the property - both of which would reveal the fraudulent agreement - which puts them in more trouble than the property owner.

              However, this is terrible legal advice and you should probably ignore it and see a solicitor.
              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


                #8
                Rent doesn't have to be money. "Money's worth" will do (eg cleaning, paying some bills, work... no this is not some vulgar insinuation ...).


                Highly likely at some point she has made some contribution so can claim to have rent paid at some point, and as you weren't living there it's almost certainly an AST ..Put it like this, wouldn't want to end up in court accused of harassment & illegal eviction, both criminal offences landlords can & have ended up in jail for: Plus the fines.

                Issue s21 & s8 if any grounds valid then proceed to court: She ain't going to go easily one suspects. Expect to be reviled on social media etc etc... Ignore this for the moment, you want to get vacant possession 1st.. but collect any evidence of slander, libel, harassment by her on you.

                Hope you both have better success in your future relationships...
                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


                  #9
                  Thanks for all your replies,

                  She I'll go down the section 21 route as she has lied to me about so many things I gave and ast to her in good faith for what she told me she needed to satisfy a work checkbox that shw will get her accommodation paid for, little did I know shw is a cumpulsive liar and racks up debt every where she goes.

                  I can't go wrong via the section 21 route so that us what i'll do

                  thanks

                  Comment


                    #10
                    Just to be gloomy, you could go wrong if judge (should she challenge) decided it ain't an AST.

                    To be safe, serve an NTQ also in line with wording of tenancy. But yes, I'd pursue s21. (Others will disagree)
                    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
                      This particular individual does not have any money to pursue legal action, she can't even get a new phone on insurance and in the last 18 months ahs not done anything but spend money using gut instinct i know any legal action will never amount to anything

                      ( she left £3,000) of designer clothes, shoes and bags in her last apartment fo not payng £2000 of rent arrears and she is happy to let it go they held on to het belongings so just tell s you who she is

                      Comment

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