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Apr, 2017

Thursday

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  1. #1

    Default Tenant is now an Asylum Seeker - HELP?!!?!

    Hi all,

    Our tenant moved in on 21/10/16 with a 12 month AST, and used their 6 month (rolling) break clause to serve notice to leave on 22/04/17. We have not served a S21.

    Our tenant has just emailed to say they will not be moving out of our apartment tomorrow as expected. Their circumstances have changed and they will now be applying to become an Asylum Seeker. They have also said they will now not be able to pay any rent going forwards.

    What do we do? Is there anything we can do?

    We have a new tenant moving in to this apartment in June.

    Many thanks in advance.

  2. #2
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,079

    Default

    Provided their notice is valid, you are able to go to court to repossess based on their notice (which is not something they can cancel).

    If their right to reside in the UK has now come to an end, the home office may assist in removing them.

    Giving notice and then not moving out is "holding over" and the tenant is liable for a payment equal to double the rent (although it can't be described as rent).
    Have a google.
    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).

  3. #3

    Default

    EDIT TO ORIGINAL POST:

    It is worth mentioning that this applicant has a valid Visa (Tehran) until September 2017.

  4. #4
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    As jpkeates advises they cannot withdraw their notice.

    They have no tenancy after the 22/4/17

    There's an argument via advice given by shelter that they are now trespassers and that you can simply change the locks. However, after problems on a previous thread I think it was agreed that a possession order is the safest and best way to deal with it.

    You can apply for possession if he doesn't leave tomorrow.

    Advise him in writing that his valid notice was accepted and cannot he withdrawn. Advise that although no rent is payable as no tenancy exists, he is now holding over and you will be charging mesne profits which equate to double the rate of his rent.

    He will find himself with a county court judgement if payment is not forthcoming.

    If his visa has not expired I find it very unlikely he will gain asylum. I also think he is pulling a fast one advising his application has already affected his ability to pay rent.

    If he is indeed seeking asylum there are government properties allocated and he isn't entitled to private rent.

    Advise him to contact the homeless dept at his local council. In the meantime apply tomorrow for possession I think you will be lucky to have possession in time for next tenant

  5. #5
    Join Date
    Mar 2017
    Location
    Milton keynes
    Posts
    79

    Default

    Out of interest, when i recently posted that my tenants had changed their mind after giving notice , i understood the general consensus of opinion was to more or less suck it up - "theyll go when they want to" kind of vibe.
    Could anyone tell me whats different in this instance as we seem to ne saying these people cannot withdraw their notice?
    Thanks

  6. #6
    Join Date
    Nov 2016
    Posts
    1,377

    Default

    I dont recall your post cavan but if they served valid notice in writing then the tenancy ends.

    A section 21 is not required and LL can apply for possession as soon as notice expires. Not sure why you were advised differently unless there was more to it?

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  8. #7
    Join Date
    Oct 2009
    Posts
    9,055

    Default

    Quote Originally Posted by Cavan View Post
    Out of interest, when i recently posted that my tenants had changed their mind after giving notice , i understood the general consensus of opinion was to more or less suck it up - "theyll go when they want to" kind of vibe.
    Could anyone tell me whats different in this instance as we seem to ne saying these people cannot withdraw their notice?
    Thanks
    Nah, it's only me that thinks that. I like a hassle-free life. Everyone else here advises going to court.

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  10. #8

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    Quote Originally Posted by Wright76 View Post
    Advise him in writing that his valid notice was accepted and cannot he withdrawn. Advise that although no rent is payable as no tenancy exists, he is now holding over and you will be charging mesne profits which equate to double the rate of his rent.
    Double rent is in accordance with Section 18 of the Distress for Rent Act 1737.

    Note that some commentators suggest that as "Distress for Rent" has been abolished, this section should not be enforced.
    However, this section has nothing to do with "Distress for Rent", it just happens to be in an Act that was primarily about Distress for Rent (just as lots of new things were put into the Deregulation Act a couple of years ago).

  11. #9

    Default

    Quote Originally Posted by JK0 View Post
    Nah, it's only me that thinks that. I like a hassle-free life. Everyone else here advises going to court.
    There is the legal route and the pragmatic route. It is up to you which one you choose.

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  13. #10
    Join Date
    Mar 2017
    Location
    Milton keynes
    Posts
    79

    Default

    Oh i get you now- thanks all! If i wasnt making other arrangements in the near future i would have definetely done the nla landlord course- boy do i need it !!!

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