zaheer iqbal Posted February 24, 2011 Report Share Posted February 24, 2011 I have let my (first time ) property July 2010, it was on the basis of sharing kitchen and front entrance. I also had a friend living in the same property togather with myslef at the time the new tenants moved in. As i was leaving the country for few months hence it was agreed that the new tenants will handover the agreement after signing to my friend (though the terms and conditions were negotiated and agreed). It is now 8 months that i have been asking them to provide me the agreement and their claim is that they have posted to me while i was away which i never received. As currently i am away from the premises hence they have stopped paying the rent for the past 2 months and not responding to my calls or emails. They have also damaged my property while installing the new tiles on the 1st floor bathroom (the bathroom upstair has a leak due to which the kitchen roof is been damaged). In short i do not have a signed agreement from them though i have got email communications to confirm some of the terms of agreement especially the sharing of kitchen and front entrance. two months rent arrears. Therefore could someone pls advice as to what is the best possible way to evicit them. I would really appriciate the favor. Thx Link to comment Share on other sites More sharing options...
Mortitia Posted February 24, 2011 Report Share Posted February 24, 2011 Did you take a deposit when this tenancy started and if so was it protected? Mortitia Link to comment Share on other sites More sharing options...
zaheer iqbal Posted February 24, 2011 Author Report Share Posted February 24, 2011 Yes i had a deposit of one month but it was not deposited/protected. As i was not aware of this clause. Link to comment Share on other sites More sharing options...
Mortitia Posted February 24, 2011 Report Share Posted February 24, 2011 OK. Since April 2007 it has been the law in this country to protect the deposit of any tenant. Saying you did not know is no excuse If you don't protect the deposit immediately the tenant(s) can bring a case to court giving them the right to demand 3X the deposit from you - and you will have to pay this to the tenant (s). The best thing you can do right this minute is protect the deposit and that will prevent any case going ahead. There are 3 organisations that take deposits but the only one that will take one this late on in a tenacy is the government run Deposit Protection Service or DPS - google it and get the deposit protected. The reason I have gone on about the deposit is that you may have to issue a Section 21 to gain repossession of the property and you cannot apply for that unless the deposit is protected. Also I forgot to ask what sort of ageement the tenants had - is it an Assured Shorthold Tenancy signed by the tenants and youself or did you just agree to let them live there which would be an oral agreement? If an AST how long was the term? Mortitia Link to comment Share on other sites More sharing options...
Trenners Posted February 24, 2011 Report Share Posted February 24, 2011 Hi, I am not sure that Mortitias advice is correct in this case as ....... Zaheer was living at the property when the tenancy commenced. That makes him a RESIDENT landlord. You cannot create an assured shorthold tenancy with a Resident Landlord ..... which means the deposit does _not_ need protecting and usual tenancy laws do not apply. With a Resident Landlord then Zaheer has agreed to let them stay in his house "under licence". They basically have no rights whatsoever and no protection. I think there is a strong argument that Zaheer is a Resident Landlord ... in which case .... write to the tenants and tell them that if they are not out of your house with 7 days then you will change all door locks and throw their possessions on the street. Hope that helps .... Mark Link to comment Share on other sites More sharing options...
Mortitia Posted February 24, 2011 Report Share Posted February 24, 2011 Thanks for that correction Mark. Zaheer does not say how long he resided there and he may have to prove residence at some point if things get diffcult. I don't quite agree with throwing tenants stuff onto the streets - put it in black bags first! Mortitia Link to comment Share on other sites More sharing options...
zaheer iqbal Posted February 24, 2011 Author Report Share Posted February 24, 2011 Hi Mark/Mortitias, Thanks a lot for your feedback. Further to clerify the situation is that i still have 2 rooms occupied at the premises where i normally reside while i am in UK. Currently i am away from UK as my business is import/export hence needs to travel back and forth. In fact the agreement that i handed over to them was a resident landlord agreement any way that they never returned back to me. Do you think that it would be better that i go there i.e., UK immidiately and ask them politly to sign the contract back dated to the date they occupy they might sign it in that case i would even have a stronger case or should i just go there and follow your advice. And what does this "under licence" terms means as i do not have one? Link to comment Share on other sites More sharing options...
Mortitia Posted February 24, 2011 Report Share Posted February 24, 2011 By 'licence' I think he means an agreement. I would not ask tenants to sign anythng backdated if they are not paying the rent. Surely you want them out so you can get new tenants who do pay rent? If you are not going to be around much then perhaps you should use some sort of agent or relative to collect rents and oversee things? Mortitia Link to comment Share on other sites More sharing options...
Trenners Posted February 24, 2011 Report Share Posted February 24, 2011 Hi Zaheer, The term "under licence" means you have given them a licence to stay at your home and, very importantly, NOT a assured shorthold tenancy agreement. It is irrelevant whether the Resident Landlord Agreement (ie: licence) has been signed or not. The fact that it is YOUR home and the fact that they are living within the home establishes the fact that a Resident Landlord is in place. In my opinion - following Mortitias advice - pack up all their stuff, throw it on the street and change the locks. The law is totally on your side. I would also deduct my costs of changing the locks and any cleaning needed after them and any outstanding rent from the deposit. In fact ... I would probably keep the entire deposit. The last thing I would do, as mentioned by Mortitia, is signed ANY agreement with tenants who are refusing my calls and not paying their rent. KICK THEM OUT! Mark Link to comment Share on other sites More sharing options...
zaheer iqbal Posted March 7, 2011 Author Report Share Posted March 7, 2011 Thanks a lot every one...Some how the tenants has left my premises while i am still away. Though they have taken their belongings but have caused a major mayham at my place. With their stuff they have taken mine e.g Fridge/freezer, computer, light bulbs microwave owen etc. They have also changed the locks of the main door for which i donot have the key, Further, the upstair bath room tab was left open that has caused a major damaged to the roof below - infact it is all fallen down. Neither they have left no message for me nor they have replied to any calls or emails of mine.... Please suggest what further action i can take against them legally. Regds, Zaheer Link to comment Share on other sites More sharing options...
Mortitia Posted March 7, 2011 Report Share Posted March 7, 2011 Hello again Zaheer, You could contact the police and file a claim for criminal damage but you have no proof that the tenants did the damage and not some squatter type who saw the place was empty and took advantage. It is your responsiibility to look after your own property. To be honest, I think I would get the property fixed up and re-let but if you are going to be a absentee landlord then get one of your family or an agent to oversee things. If you don't keep an eye on the property the same thing will happen again. Good luck with that, Mortitia Link to comment Share on other sites More sharing options...
F1rst Move Posted March 8, 2011 Report Share Posted March 8, 2011 any legal advise try www.pims.co.uk . I have had some great advise in the past. They know their stuff Link to comment Share on other sites More sharing options...
Durwin Posted March 9, 2011 Report Share Posted March 9, 2011 The problem to which you are seeking the legal advice is same as i have confronted few years back. The treatment that has been discussed here is absolutely accurate but i suggest you should hire any legal adviser to guide you accurately. Link to comment Share on other sites More sharing options...
Mortitia Posted March 9, 2011 Report Share Posted March 9, 2011 Why? The whole of idea of this forum is to help landlords and tenants do it themselves. Go and troll elsewhere. Mortitia Link to comment Share on other sites More sharing options...
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