SPEEDTWIN Posted October 11, 2006 Report Share Posted October 11, 2006 Any sugestions anyone???? I have just taken on a single man just out of the army as a tenant. He appied for housing benifit took the ast to the council its been agreed by them and he was to post it back to me but didnt arrive (I`ve got a photocopy) he was to move in a week to 10 days after ast started cos he had to make arrangements to get his property transported the 10-15miles from the army base. He has`nt been given a key yet he was to get it when he came down with his stuff, it is now just over a month, he has got the first payment from council which was to come direct to to me and twice he was to come over to pay me but didnt turn up. I suppect he has spent it, changed his mind about moving in or doing some sort of scam with council money. My question is how do i stand with the property??? He never moved in or had a key I cant (or can I) rent it out again cos he has got a valid ast. Or could I treat it as an abandoned property cos there is`nt any of his property in there? Link to comment Share on other sites More sharing options...
Melboy Posted October 12, 2006 Report Share Posted October 12, 2006 No contact phone number? If it has been a Month then he is in Breach of Contract to a point where you have make a decision. Contact DSS first and explain the situation to them and see what they have to say. Poor Chap has probably been press ganged to Afganastan! Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted October 12, 2006 Author Report Share Posted October 12, 2006 thanks melboy but is a breach of contract a valid reason to take posession i have not see it mentioned on the site before. I have managed to talk to him on his mobile he says hehas got the dss money but cant get over.(icalled him he didnt call me) i dont want to get another tenant then he turns up waving his ast about saying he is the legal tenant because i dont doubt the council will take his side as they have seen and most likey have a copy of the ast. tommorrow i am going to put up an abandoned tenancy notice on door + window take a few photos of empty property though he never moved in or had key. Link to comment Share on other sites More sharing options...
Melboy Posted October 13, 2006 Report Share Posted October 13, 2006 thanks melboy but is a breach of contract a valid reason to take posession i have not see it mentioned on the site before. I have managed to talk to him on his mobile he says hehas got the dss money but cant get over.(icalled him he didnt call me) i dont want to get another tenant then he turns up waving his ast about saying he is the legal tenant because i dont doubt the council will take his side as they have seen and most likey have a copy of the ast. tommorrow i am going to put up an abandoned tenancy notice on door + window take a few photos of empty property though he never moved in or had key. If you have contact with him then explain to him that you must receive the money within the next 48hrs as it is payable to you in advance and more than a Month has gone by which is unacceptable. Somewhere in your contract it should state the terms of absence whereby you have a right to regain possession. Remember, you are not running a charity for homeless people. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted October 13, 2006 Author Report Share Posted October 13, 2006 Had some progress from council today, told them he is now two months in arrears and faxed details now the next payment should come to me on the 28th. Also later i found out the first payment sent from council comes from housing department not benifits and for some reason hasnt been sent yet and is going to come to me direct. so now i know he has only recieved 1 payment from council. i still may fall back back on the absence thing you mentioned though melboy many thanks for your coments Link to comment Share on other sites More sharing options...
evicthem Posted October 19, 2006 Report Share Posted October 19, 2006 Hi Has he signed a tenancy agreement? Why would he give you money with out having a key to the property? Why doesn't he want a key to the property? The local council will not be on his side if the suspicion is that he is swindling them and using you. You would be wise to confide in the council. Ed Link to comment Share on other sites More sharing options...
GPEL Posted October 19, 2006 Report Share Posted October 19, 2006 Signed contract is almost irrelevant. A physical act of of possession of the property has to take place such as exchange of keys and the rent & deposit paid on the day the tenancy starts. If he hasn't taken possession then the contract isn't binding. Even if you'd exchanged contracts beforehand and he'd paid in advance, if he doesn't take possession on the day you have no hold over him and would have to pay back an element of advance rent received less losses. Re-let it to someone else ASP. Link to comment Share on other sites More sharing options...
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