carolski3244 Posted September 21, 2007 Report Share Posted September 21, 2007 I have been conned by my tenant of nearly 2 yrs. A young couple (joint tenancy) rent my property then split up just before renewing the AST which then goes in his name only for the next 6 months after that I left it to go periodic. Yesterday I was informed that the man has moved out without notice and she has moved in and wants a Tenancy agreement so she can get Housing benefit. 2 weeks ago I went to visit the house and the front door glass was broken and she aswered the door saying he had lost his keys and had ordered a replacement. BUT this has made me wonder whether she has broke it and moved in knowing he has gone. I do not want this women to be my tenant what rights have I got and what rights has she got?? I cant serve her with a section 8 because there is no tenancy agreement PLEASE help what can I do I want her out and my property back as soon as. Thanks Carol Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted September 21, 2007 Report Share Posted September 21, 2007 I would first go to the police and say the tenant has moved out and show AST with his name on in and report her for breaking in. Some people might even wait until she goes out and then go in them selves and change the locks. I an not sugesting you break the law and i am sure a lot more people on this forum will have their own veiws. Link to comment Share on other sites More sharing options...
carolski3244 Posted September 21, 2007 Author Report Share Posted September 21, 2007 I would first go to the police and say the tenant has moved out and show AST with his name on in and report her for breaking in. Some people might even wait until she goes out and then go in them selves and change the locks. I an not sugesting you break the law and i am sure a lot more people on this forum will have their own veiws. Thank you for your reply I was unsure where I stood with the legal thing. Possession being 9 10th and all that and whether the Police would help me etc.... I have wrote her a letter that I will personally hand to her telling her to vacate as she has no legal right and that her xboyfriends tenancy agreement is now void so he can not reside or hold any keys for the property. Trouble is I live 110 miles away... But hey hoo we live and learn. Thanks again Link to comment Share on other sites More sharing options...
russ295 Posted September 21, 2007 Report Share Posted September 21, 2007 i am with speedtwin, report a break in to the police and criminal damage, go round fix the window and change the locks, end of in my view, if she is in when the police come let them deal with it. if there is any items in the house, get in touch with the ex to have them collected or disposed of. Link to comment Share on other sites More sharing options...
GPEL Posted September 21, 2007 Report Share Posted September 21, 2007 Tenancies can be created without a documented agreement. Serve notice on her as a precaution because a judge may just take the view that a tenancy was created whether or not you have a written tenancy agreement. At least if it's served it's enforceable if needed. Link to comment Share on other sites More sharing options...
carolski3244 Posted September 21, 2007 Author Report Share Posted September 21, 2007 Tenancies can be created without a documented agreement. Serve notice on her as a precaution because a judge may just take the view that a tenancy was created whether or not you have a written tenancy agreement. At least if it's served it's enforceable if needed.Thank you for your reply but the woman could have just broken the front door and decided to move in the property because she knew her x boyfriend was moving out... in her letter she states that housing benefit will pay the rent in full on the 28th of this month which I know is a load of tripe as her local council are very slow and that she would get the full amount of rent which is impossible as there is only one adult and one child in a 3 bed house which i know is £360 per 4 wkly as I have a tenant in a different house round the corner.. I decided to check up and she has filled in the housing benefit forms but they say she has filled it in to go direct to herself which is a great worry because when they lived together in the property she always was late or £25 short with the rent and they would not set up a DD or standing order... My bug bare is that it could be joe bloggs from down the road in our property illegally so what would I have to do in that case.... I just want her out, it the sly way it has been done... if she didnt need housing benefit then i would be none the wiser. With Regards carol Link to comment Share on other sites More sharing options...
GPEL Posted September 21, 2007 Report Share Posted September 21, 2007 That's the point. You are unlikely to get police help and a judge will look for ways to keep her in the property. Try the sly way, get caught out and it'll cost you more in the long run. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 22, 2007 Report Share Posted September 22, 2007 I would take great umbrage at this turn of events ...... and agree with speedtwin i would find me some new tenants quicksmart (a friend if necessary ..or even a paid "house sitter" I would ell her verbally only to remove herself from prop as she has no right whatsover to be in there ....then either go your self to prop ....or send someone else.... if vacant great ...if not then wait until she goes out ...change locks empty any items left in prop outside under a tarpaulin ...yep on pavement if necessary ..and install new tenant .... Can she take you to court ? on what grounds ...! or if you dont like this report a breakin/intruder present to police (they will attend if you tell them you are a lone female and intruder present!)and meet them at prop armed with lease denying any knowledge of her being there ..........did i really just type this on an open forum!!!!!!!! WoW what a cheek ....i am loosing the plot just thinking about it ! ...i would not post the letter as this acknowleges your "accceptance" that she is in the property albeit that you are stating she is to leave... Simon Link to comment Share on other sites More sharing options...
J4L Posted September 22, 2007 Report Share Posted September 22, 2007 and if you have no luck get the DC's in. . . . haha simon, you're tack is getting boring now! Maybe a session with me, on social response or indeed communication skills may just do the trick? Although I doubt you would even adhere to the concept somehow. . . . Thankfully Simon's 'portfolio' is only miniscule in the scheme of things!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 22, 2007 Report Share Posted September 22, 2007 very helpful....not ..Gareth What would you do if this was one of the houses you were managing ? as the lady is looking for some practical advice ...not sailing tips or social response (all mouth and no trousers springs to mind !!!LOL) Communication skills ...quality not quantity is order of the day , i feel...not "get your waders out" ..cos we're going to get knee deep in it !"LOL Thankfully Simon's 'portfolio' is only miniscule in the scheme of things!!!!!!!!!!!!! not quite sure of the relevance here ? You been on that cheap cider again ?? S Link to comment Share on other sites More sharing options...
carolski3244 Posted September 22, 2007 Author Report Share Posted September 22, 2007 very helpful....not ..Gareth What would you do if this was one of the houses you were managing ? as the lady is looking for some practical advice ...not sailing tips or social response (all mouth and no trousers springs to mind !!!LOL) Communication skills ...quality not quantity is order of the day , i feel...not "gwt your waders out ..cos we're going to get knee deep in it !"LOL Thankfully Simon's 'portfolio' is only miniscule in the scheme of things!!!!!!!!!!!!! not quite sure of the relevance here ? You been on that cheap cider again ?? S pLEASE DONT ARGUE IT JUST DIFFERENCES OF OPINIONS AND A TRICKY SITUATION!!! THANK YOU ALL FOR THE ADVICE we have decided to go to the property and play it by ear but will take all the advice on board... I rang a so called friend to see what she knew who lives in the area so by now she has probably gone and warned this illegal occupant about us coming and the X boyfriend will be there playing happy families lol... but i am going armed with a 30 day notice to quit just incase that one happens... you couldnt make this s*** up.... either way nice or nasty they will not be doing this again, to us anyhow... I tried to explain it to my so called friend but she was all ooh what about the kid it aint my problem she is illegally in my property ... what if you went on hoilday for 2 weeks and came back to find front door broken and someone living in your house ???? same as they are illegally living in your home... I shall let you know how it goes THANK YOU ALL AGAIN Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 22, 2007 Report Share Posted September 22, 2007 Hi Carol let us know whay happens ...you prob right about boyfriend though... No we dont argue, Gareth and I just like a bit of banter, every now and then !!!!HAHA This is just Gareth's friendly nature ...so i humour him !!!LOL No offence intended either way or to any other readers ..(i think anyway!!) Simon Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 22, 2007 Report Share Posted September 22, 2007 Back to earlier question Gareth What would you do if this was one of the houses you were managing ? S PS plenty of answers to copy now !!!.................LOL Link to comment Share on other sites More sharing options...
jcamp Posted October 1, 2007 Report Share Posted October 1, 2007 landlord you can advertise your property free at www.justrents.co.uk. This site offers alot of benefits with high volume of potential tenants. www.justrents.co.uk Link to comment Share on other sites More sharing options...
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