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crescent
30-09-2011, 17:30 PM
Hi got a situation where the tenancy holder left the property without my knowledge, he lived there originally with his partner then his sister came to stay along with his brother , the tenancy holder used to pay on time for 4 months regularly every week sometimes sending his sister to the office to pay we found out he was not using the house as his main residence when his brother came to the office and asked for a tenancy agreement in his name to which I asked him to vacate as well as I did not want them to live there anymore due to their conduct although they carried on paying some amounts but well into arrears their conduct has really gone bad and they dont pay at all now what procedure should I use to evict them I have put a claim for possesion due to rent arrears against the original tenancy holder.
This was heard and the tenacy holder was allowed 28 days to appeal or come up with the rent before eviction order would be issued. The Brother has began subletting rooms to unknown persons and illegal activity is being suggested to occurr

Snorkerz
30-09-2011, 18:40 PM
The court has told you you have to wait 28 days before you can proceed.

When did the last tenancy agreement begin?
How long was it for / was there an end date?
Is rent due weekly?
How much is the weekly rent?
Have you given a rent book?
How much is currently unpaid?
Is the tenant on Housing Benefit?
Did the tenant pay a Deposit / is it protected?

crescent
03-10-2011, 12:43 PM
Hi the court said it would give a order for possesion after 28 days in the mean time the brother of the tenancy holder has asked for the decision to be set aside, the original tenancy began on 5/6/10 it was a six month shorthold assured one,with a weekly rent of £115.00 per week over £2500 are the current arrears, no payment has been made since july 2011 the original tenancy holder was not on benefit no deposit was paid the original tenancy holder did not appear in court on the day of the hearing.

crescent
03-10-2011, 12:46 PM
Thankyou for your assistance I have sent a reply hope the answers give some insight look forward to hearing from you. thanks again

Snorkerz
03-10-2011, 13:49 PM
Why did the court give 28 days?
Was the brother a tenant?
Has the brother lived at the property?
Did you ever accept rent off the brother?

crescent
03-10-2011, 16:21 PM
Hi again the court said they would allow the tenancy holder 28 days to see if he could come up with the rent which is very unlikely
The brother never originally moved in until lator into the tenancy he used to come into my office and pay rent money for the property as did sometimes other members of the household the brother did ask for a tenancy but it was denied and we did ask him to leave as his conduct was not good it materialised that he is renting rooms to other people in the property who se

crescent
03-10-2011, 16:29 PM
I have also put in a claim for interim possesion order against the people who are renting rooms in the property from the brother as this was not allowed these people in the property are persons unknown to me.
Bit of a mess really as neighbours are ditressed with all the coming and going and parties they have waiting for a reply on the interim order status.
We have a hearing on the 10th October for 5 mins where it will be heard if the brother has any case to remain in the property as he applied for the original judgment to be set aside I assume judge wants to hear his side of the story.

Sad S
03-10-2011, 16:33 PM
If you have accepted rent from the brother, you may well have created a tenancy.

crescent
03-10-2011, 16:50 PM
Hello mate thanks for reading I was thinking this to but he has no reciepts in his name to say he paid the rent

The only thing I have sent him is a text asking him to leave once i knew the tenancy holder had gone even offered him alternative accomodation in the form of a studio flat to try and resolve but hes just being a pain theres a very helpful lady in the council who takes up the rights of these sorts of occupants and tells them to drag it out as long as they can before the council have to house them.
He kept asking for a tenancy so he could try and claim housing benefit also rent individual rooms and pocket money for himself

Worst case what sort of tenancy do you think has been created

crescent
03-10-2011, 16:56 PM
To top it off the council wrote to me two weeks ago they have been to the property and they say the property is being used by individuals who are not one houshold therefore I have to pay the council tax from june 2010 when the tenacy began

Snorkerz
03-10-2011, 18:49 PM
I can't see your IPO working - the 'tenant' still has a valid tenancy, and the brother is there with his permission (now as a sub-tenant). The people in other rooms are the sub-tenants lodgers. In law, nothing wrong with any of that.

You are right to be trying to evict though because now the property is a House in Multiple Occupation, it has to comply with stricter safety standards - and there are hefty fines if it doesn't. As you didn't know it was being used as a HMO and you are taking action to change this situation, the authorities will probably let it go - might be a good idea to let the HMO officer at the local council know though so they don't think you're trying to avoid them.

Don't be too hard on the lady at the council - she is trying to save council tax payers money.

The judges decision next week may change everything - ie if he decides the brother has a tenancy. Deal with that once you know the outcome. Worst case scenario - he has a periodic assured shorthold tenancy.

If we assume next weeks hearing goes your way then you should ultimately get a possession order against the original tenant, and once that is enforced by the bailiffs, any other occupants will be removed too.

crescent
14-10-2011, 08:57 AM
Went to court the district judge orderd that my original claim for possesion be amended to include the brother of the tenancy holder who is claiming a right to stay in the property on the grounds of a transfer of tenancy from the original tenancy holder.

crescent
14-10-2011, 09:03 AM
Do you think it would be a good idea to discontinue my claim on the grounds of rent arrears and then start a new claim for possesion against the brother for rent arrears and use ground 14 as well for possesion.