Posted 17 April 2012 - 05:28 AM
I have a buy to let property and have owned this for 6 years now and had no problems with any of my tenants up until now. Basically I let my 2 bed flat to a woman Debbie of about 45 years old looking for a long term tenancy. I usually ask for rent in advance plus deposit on moving in day before I give them the keys. This time I didn't and that was the 7th March 2012. She has now been in my flat for over 6 weeks and no sign of rent or deposit but plenty of excuses about her personal life!!!
Now I wok away so the day she moved in I signed and left the contract and itinery of items for her read and to sign. The contract stated that the rent was £500 per month payable each month starting the 7th Mar and deposit to be paid £500, to be arranged. She hasn't given me the contract which is a short term assured for 3 months or any rent at all. I have phoned her to resolve this and all I get is lies.
What is my way forward as I'm getting fed up!!!
Posted 17 April 2012 - 06:14 AM
I would argue that this lady has a tenancy so to get rid of her you will need to issue a Section 21 (read carefully on this site or get an experienced solicitor to do it. This gives the tenant 2 months notice then if she does not go you will have to apply for a court order and maybe even the bailiff to remove her. You have not managed to get a deposit but if one appears you must protect it to make your S21 valid.
Alternatively you could try offering her money to go!
Posted 17 April 2012 - 07:51 AM
You either get paid or you get rid of her which is going to take time.
You could offer her money to leave but it is unlikely she would accept.
Learn from this.....as a Landlord you need to make sure all the i's are dotted and the t's crossed and trust no one not even your Granny.
Posted 17 April 2012 - 08:01 AM
My expectation would be that you won't see the contract, deposit, or monies that She has no reason to provide.
A tenancy does exist as from 7th March 2012, but you need to consider ways to demonstrate this as evidence may be required.
Using a section 21 She is there till after a 6 month period, your idea of a 3 month AST has no value. Effectively 6 month is the minimum.
For fastest repossession you need to follow the section 8 route. When rents are more than 2 months in arrears you can use this. Rents need to be more than 2 months arrears at hearing date also. Research carefully about S8 or use a professional service. The High St Solicitor often screws these thing up so be careful with your trust again, there are complications and traps waiting for the unwary.
You haven't mentioned but She sounds like HB, apply to receive the rent direct from them.
Keep communications recorded, in print where possible. Keep them polite and professional to reduce the 'harassment' claims.
Where disrepair is claimed again keep record of remedial action, or attempted remedial action.
I find the best way to shift these gits is to be professional and precise. I recite legislation where appropriate, it can scare 'em, but first you need know it.
Dump any emotion, it gets in the way and works to their advantage.
Posted 17 April 2012 - 08:09 AM
Posted 17 April 2012 - 08:19 AM
First month was due on 7th March, and I assume the second on 7th April. This is a usual and believable situation at least.
Rents are usually in advance.
The OP does need to create a statement of rents to track this. Sending to the T and recording this is an advantage.
This would be needed for HB to get the rents direct, if applicable.
Any claim for the deposit wants to be by separate letter so as not to confuse the rents due.
Posted 17 April 2012 - 10:11 AM
sorry there is no such thing as a 3 month shorthold assured tenancy, the minimum term is 6 months. As it stands you could issue a s.8 notice based on arrears of rent but you do not currently have a mandatory ground for possession i.e two months arrears.
The housing act was amended. It used to be the minimum term was 6 months but you can now do one for as short as you wish. You still cannot get a possession order before 6 months though.
The 6 month rule was abolished by section 96 Housing Act 1996.
Posted 17 April 2012 - 10:25 AM
Posted 17 April 2012 - 03:31 PM
Posted 17 April 2012 - 03:39 PM
Posted 17 April 2012 - 03:46 PM
Posted 17 April 2012 - 05:04 PM
This can be appealed, Grampa recently gave some useful information on how to try for this.
At least you've had the payment and may lose some or all. If never paid direct it's likely you'll never see any in a case like this.
If She is living there it is likely that any HB will be valid and correct, as it is I have assumed that She is enjoying this revenue. Removing that attraction is also a good tool for shifting her on, possibly to another soft touch LL.
No insult intended Darren as many of us have learned the hard way.
In the past I have hastened the payments not being paid to the T by making a phone call. Payments won't be diverted to the LL until the 'evidence' of arrears is received by HB but the allocation of payments to T were ceased on that day, so just a little more to LL later.
My evidence is my letter that accompanies the statement, for some daft reason they return this to me as copied.
I view that as long as T find it so easy to abuse they have encouragement. The style of HB and legislation should have responsibility as let's face it most here would know how to make profit from other naive LL's with ease, and be legal.
At least the likes of this site can attempt to rebalance things some, LAW your knowledge and precise info is excellent for that.
Posted 17 April 2012 - 07:30 PM
I accept she has moved in, but no rent has been paid, there has been no consideration.
Am I missing something?
Posted 17 April 2012 - 07:37 PM
Posted 17 April 2012 - 09:53 PM
In the mean time I'll look into a section 8 and 21 and get the ball rolling.
I'll contact housing benefit and find out if I can???
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