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takeonmine
29-09-2011, 11:04 AM
I am desperate for some advice as I am not sure how to progress with this.
We had a tenant under a AST in our property. He abandoned without our knowledge, and someone else turned up with the keys fully moved in. Apparently our tenant gave him our keys and told him that the flat was available.
We tried to be pally with the "new" tenant hoping to gain information about our "old" tenant, in the meantime we gave him an application form stating that if he wanted the flat he needed to fill it in and return it. On many occasions, we have tried to keep channels of communication open. We neither hear from him, can get hold of him. He did mention a few weeks ago that he was going to the council for HB but he wont get far without an AST which he doesnt have.

He does not pay any money apart from a token £50. What can I do ?? How am I going to resolve it, we are a small residential landlord company with only five units, practically no experience of this kind of thing.
Any suggestions as to the way forward would be really welcome.

Thanks for listening.

Carly

Snorkerz
29-09-2011, 11:17 AM
Okay, up until you accepted £50 off him, this was straightforward - he was a sub tenant of your tenant, evict the 'real' tenan using due process and matey would have been removed.

Unfortunately, by accepting rent you have established a tenancy and the newboy is now your tenant.

On what date did the tenant move in, or (if you don't know), what date does he claim to have moved in?

Has any conversation taken place regarding how much rent he should be paying?

Just to bring out the pedant in me - right now he owes you nothing on the assumption that (as he is a tenant) you have not provided him with an address for the sevice of documents in England/Wales.

jta
29-09-2011, 11:22 AM
You have made a big mistake by accepting money from him. He can now argue that you have accepted him as a tenant.

You will not be able to get him out before the minimum 6 months of the tenancy has expired and even then you will need to issue a S21 and probably go through the court and bailiff to gain possession.

It might be better to give him a written AST so that he will be able to claim and then you may get some rent from him, if he is already 2 months owing then you could have the rent paid directly to you, but the council will not back date his claim (I think).

If you are able to then take him to the council yourself and supervise the form filling and make sure that he ticks the box allowing you to discuss his claim with them.

jta
29-09-2011, 11:25 AM
Just to bring out the pedant in me - right now he owes you nothing on the assumption that (as he is a tenant) you have not provided him with an address for the sevice of documents in England/Wales.



we gave him an application form stating that if he wanted the flat he needed to fill it in and return it.



It seems clear that the OP has given an address, in any case the rent is still due as soon as the details are given.

westminster
29-09-2011, 13:08 PM
You will not be able to get him out before the minimum 6 months of the tenancy has expired...
...under s.21 procedure, but may be possible under s.8.


It might be better to give him a written AST so that he will be able to claim and then you may get some rent from him
Agreed, and unless there's a definite agreement about when rent is payable, OP won't be able to serve a s.8 notice citing ground 8 if the rent goes unpaid.

jjlandlord
29-09-2011, 13:14 PM
...under s.21 procedure, but may be possible under s.8.

Agreed, and unless there's a definite agreement about when rent is payable, OP won't be able to serve a s.8 notice citing ground 8 if the rent goes unpaid.

I think there is also the issue of ascertaining how much rent is payable for what period.

Let's say a single payment of £50 was made more than one month ago: OP could potentially claim that agreed rent is £50 per quarter or per year. That would be a yearly rent below the threshold for an AST, and OP could just serve a notice to quit.
[ Snorkerz: Cunning plan, isn't it? ;) ]

jta
29-09-2011, 13:59 PM
...under s.21 procedure, but may be possible under s.8.


.

Agreed, I forgotted that.

Snorkerz
29-09-2011, 14:13 PM
[ Snorkerz: Cunning plan, isn't it? ;) ]I like it - always think outside the box.

Having said that, it would not be a cunning packaging plan to think "I'll put the contents outside the box"