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Halexander
22-10-2009, 17:26 PM
Dear all,

I let a newly converted 2 bedroomed flat to a single tenant (I'll call her Kate to avoid confusion) on 11th July 09 on a 6 month AST (hence expiring 10th Jan 10) through an agent.

The rent is £895pcm and Kate paid 5 months upfront (due to supposedly being self employed and no proof of income) plus a deposit of £1,239.23 which is registered through mydeposits.com

Kate picked up the keys from the agent and then moved in. I later was told by other flats in the building that Kate's boyfriend seemed to be living there too for about 2 months maybe. They were a nice couple according to the neighbours, introduced themselves etc.

However, since that time I have needed access to the flat to test fire alarms etc, but had no response from Kate via the email address or mobile phone number supplied to me by the agent. When the fire alarm testing people knocked on the door of the flat, there were 2 female occupants, neither of which was Kate. One of them said that Kate had taken the tenancy for/with her because she had been living in Spain and didn't have a bank account! But they had since had a falling out and now Kate had gone. She (the new occupant) said she had been meaning to contact the agent to get the tenancy changed into her name! She named the agent by his first name, so clearly she had some knowledge of the agent or intention to do something via the agent.

I understand from the other flats in the building that there are also 2 young men occupying the flat with these 2 women, there are no proper beds, and I am told they are dealing drugs there, lots of cars and visitors coming by buzzing and slamming doors all the time. And lots of giro cheques arriving for them. There have also been daily letters from a local prison, seemingly since Kate may have moved out.

This is of particular concern because I own the other 3 flats in the building and I am worried that I may lose good tenants as a result of this behaviour and occupancy by people I have no idea who they are and who aren't on the Tenancy Agreement. And of course they may not pay the rent when it becomes due in the middle of November. They had also tampered with the smoke detectors in the flat.

So my questions are:

1. Do these people have any right to be there?
2. How do I get them out?
3. What do I have to do?
4. How long will it take?
5. How much will it cost?
6. What is the position with the actual tenant on the TA?
7. Do I have any duty to try to find them? Or do anything?

Many thanks,

Howard

Poppy
22-10-2009, 23:58 PM
The rent is £895pcm and Kate paid 5 months upfront (due to supposedly being self employed and no proof of income) plus a deposit of £1,239.23 which is registered through mydeposits.com

That’s a classic tactic to prevent mid-tenancy inspection. Not in this case though.

What were the results of the referencing and credit check for "Kate"?

westminster
23-10-2009, 11:44 AM
I am told they are dealing drugs there, lots of cars and visitors coming by buzzing and slamming doors all the time.
Report to police.


So my questions are:
1. Do these people have any right to be there?
No, but you must take action against the T to get rid of them. Do not accept any rent from them as this might give them rights as legitimate tenants.

2. How do I get them out?
3. What do I have to do?
4. How long will it take?
5. How much will it cost?
There are others on the forum with better knowledge of eviction procedure (but I'm replying as you haven't had many responses). I do you know you'd have to serve a section 8 notice for possession (under Housing Act 1988) to KATE at the rental address (even though you know she's not living there). Here's a link for the possible grounds
http://www.opsi.gov.uk/Acts/acts1988/ukpga_19880050_en_14#sch2
Grounds 12 and 14 look as if they apply to this situation (but wait for someone more knowledgeable to advise you).
Don't know how long/how much - if you don't wish to "DIY" eviction there are companies who'll do it for you. The following was recommended by another forum user (have not used them myself, so cannot personally recommend)
http://www.regencylaw.co.uk/


6. What is the position with the actual tenant on the TA?
Kate is still the tenant, which is why you have to evict her, not the unauthorized occupants/"subtenants".

tom999
23-10-2009, 12:15 PM
In addition to westminster's post...

Also serve a valid s.21(1)(b) on "Kate" at the property address. This will give landlord mandatory possession, i.e. landlord wants to regain possession of property, so is not 'fault-based', Any protectable deposit needs to be protected.

If notice is served in fixed period of tenancy, notice period will be minimum of 2 months, and expiry cannot be earlier than the last day of the fixed term.

See the Agreements link in the top left of this page for more info. on serving notices.