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View Full Version : Can I evict ?? Is he even a tenant ???



flossy1
04-02-2010, 19:08 PM
Hi Complete Newbie here
With Big problem :confused:
I have been working away for the past few years and letting out rooms in my house, on an as and when basis. Just to keep the place lived in and pay the mortgage till I could get back.
In Sept a prospective tent came to view and meet other tent, all went well and he really wanted room but couldn't move in for a couple of weeks. He left me partial deposit to hold the room, that was ok he seemed good guy. We went through tenancy agree which I held ready for start of his tenancy. The agreement was he would pay rest of deposit and months rent in advance on day of moving in to secure his tenancy and I would give him his tenancy in exchange for the payment. I was away again by the 4th Oct when he wanted to move in so other tent (in all good faith) let him move in. He did not pay any money. Since this he has bounced cheques and come up with all sorts of excuses, problems with.. Ex, Bank, Employer, etc etc. I have tried the understanding bit... and the deadline for payment and a letter informing him of my intention to evict via a section 8 and the impact on his credit status, going to court etc with no success.
I now know he spent his Nov rent on a plane ticket (he left the receipt on the kitchen table)... that just takes the biscuit.
I am now back down here permanently and staying with a friend because I can't facing moving back in there, while he is still there.
Something has to be done.... but what ?????
1 Is he actually a tenant ????? The tenancy was not given ?????
2 I have not secured the deposit because he hasn't finnished paying it !!!!!
3 Can I serve a section 8 ??? Would a judge understand ??????

PLEEEAASE can someone help. Any advice would be really appreciated as I have no experience of anything like this (it all seemed a good idea at the time)

Thanks

mind the gap
04-02-2010, 19:11 PM
Hi Complete Newbie here
With Big problem :confused:
I have been working away for the past few years and letting out rooms in my house, on an as and when basis. Just to keep the place lived in and pay the mortgage till I could get back.
In Sept a prospective tent came to view and meet other tent, all went well and he really wanted room but couldn't move in for a couple of weeks. He left me partial deposit to hold the room, that was ok he seemed good guy. We went through tenancy agree which I held ready for start of his tenancy. The agreement was he would pay rest of deposit and months rent in advance on day of moving in to secure his tenancy and I would give him his tenancy in exchange for the payment. I was away again by the 4th Oct when he wanted to move in so other tent (in all good faith) let him move in. He did not pay any money. Since this he has bounced cheques and come up with all sorts of excuses, problems with.. Ex, Bank, Employer, etc etc. I have tried the understanding bit... and the deadline for payment and a letter informing him of my intention to evict via a section 8 and the impact on his credit status, going to court etc with no success.
I now know he spent his Nov rent on a plane ticket (he left the receipt on the kitchen table)... that just takes the biscuit.
I am now back down here permanently and staying with a friend because I can't facing moving back in there, while he is still there.
Something has to be done.... but what ?????
1 Is he actually a tenant ????? The tenancy was not given ?????
2 I have not secured the deposit because he hasn't finnished paying it !!!!!
3 Can I serve a section 8 ??? Would a judge understand ??????

PLEEEAASE can someone help. Any advice would be really appreciated as I have no experience of anything like this (it all seemed a good idea at the time)

Thanks

Have you been living in the house yourself, in between working away?

flossy1
04-02-2010, 19:16 PM
No not really been living 350 miles away, When I've been down maybe 4-5 times a year I've just kinda nipped in to keep an eye, check any probs. Have prob stayed over a max 2-4 nights a year.

mind the gap
04-02-2010, 19:22 PM
No not really been living 350 miles away, When I've been down maybe 4-5 times a year I've just kinda nipped in to keep an eye, check any probs. Have prob stayed over a max 2-4 nights a year.I am trying to establish whether your tenants are in fact lodgers or not. Do you class it as your principal home - in other words, do you have another house where you live when not working away?

flossy1
04-02-2010, 19:39 PM
No I didn't class it as my principle home, as I lived full time in north wales for a couple of years. Working all the hours under the sun. When i did get my 4 1/2 weeks of hol a year it was spent back down here trying to fit in not only tenants and the house, but also millions of family members all trying to use triple the available time I had.

flossy1
04-02-2010, 19:52 PM
Hmmm... although at the moment it should be my principle.... infact Only home. So I don't know if that makes them lodgers now or not ??? They were originally taken on as tenants (or so I thought) on 6 month AST's. But now I am even more confused ! Whats the difference ???

tom999
04-02-2010, 19:56 PM
1 Is he actually a tenant ????? The tenancy was not given ?????It's likely an oral AST exists.


2 I have not secured the deposit because he hasn't finnished paying it !!!!!You will need to secure any deposit that has been paid.


3 Can I serve a section 8 ???Using grounds 8, 10, 11, if more than 2 months rent is unpaid, if rent paid monthly.

Also, serve s.21(1)(b) when deposit has been protected.


Note: Above advice assumes tenancy is an AST in England or Wales. AND you are not a resident landlord.

westminster
04-02-2010, 19:59 PM
He left me partial deposit to hold the room

We went through tenancy agree which I held ready for start of his tenancy.

The agreement was he would pay rest of deposit and months rent in advance on day of moving in to secure his tenancy and I would give him his tenancy in exchange for the payment. I was away again by the 4th Oct when he wanted to move in so other tent (in all good faith) let him move in. He did not pay any money. Since this he has bounced cheques and come up with all sorts of excuses

1 Is he actually a tenant ????? The tenancy was not given ?????
2 I have not secured the deposit because he hasn't finnished paying it !!!!!
3 Can I serve a section 8 ??? Would a judge understand ??????


been living 350 miles away, When I've been down maybe 4-5 times a year I've just kinda nipped in to keep an eye, check any probs. Have prob stayed over a max 2-4 nights a year.

The following is based on the assumption that the house is not your main residence...

The partial deposit paid to hold the room, what did it say on the receipt you gave the 'tenant'? Did it actually say it was a holding deposit, and is this what both of you understood it to be? Because you then mention "the rest of the deposit". Even a portion of a deposit, any money held as security against a tenant's obligations under an AST, needs to be protected.

Your other tenant, whoever it was who let him in, did you give him authority to do this?

You need to understand that a written contract is not necessary for a tenancy to be created. If, say, he'd handed over a month's rent, and you handed over keys, and he'd then moved in - that in itself would have created an oral tenancy.

So your not 'giving' him the tenancy agreement doesn't matter. What matters is whether a tenancy was created by what actually happened, i.e. no rent paid, keys handed over by a possibly unauthorized party, etc - and I'm afraid I can't answer that.

Quite apart from the current situation, I think you need to learn about landlord/tenant law and rights/responsibilities, because taking such a casual and uninformed approach to being a landlord is likely to lead to problems like this one, or potentially much, much worse. Reading this forum is a good way to learn, and the Shelter website is also a good source of information.

tom999
04-02-2010, 20:03 PM
Hmmm... although at the moment it should be my principle.... infact Only home. So I don't know if that makes them lodgers now or not ??? They were originally taken on as tenants (or so I thought) on 6 month AST's. But now I am even more confused ! Whats the difference ???If the property is your only place of residence (even though you do not reside), then the occupant's may be lodger's (even though AST's were agreed) with very few rights.

I suggest taking legal advice (from a specialist solicitor) to determine what type of letting exists before proceeding.