privacypolicy Posted July 19, 2012 Report Share Posted July 19, 2012 Hi All I usually rent my flats to tenants on an assured shorthold tenancy and advertise on various websites. One of my flats became available and I advertised it as usual. I received a call from someone who was looking for a short let - about five weeks and I decided to rent it to him and his family on a holiday let basis as he said he was only in London for a few weeks. He signed an agreement clearly headed "Holiday let" and it mentions that it is not covered by an AST or the Housing Act. He was to pay every two week. This was in February. He has yet to leave and has not paid ANY rent despite assurances that it will be "next week" ... "no next week..." and "no, sorry the week after". I served a notice about two months ago giving him four week to leave. He has now changed the locks of the property after I explained that I did not need a court order or serve sections 8 or 21. What action would you recommend I take now? I am out of pocket by around £1000 a month. £500 is the mortgage and £1,000 is the rent for a normal AST. Thanks Link to comment Share on other sites More sharing options...
Mortitia Posted July 20, 2012 Report Share Posted July 20, 2012 What sort of agreement did you use to let to him. Even if the AST is outside the 1988 Housing Act you can get possession on Ground 2 I think if the tenant has been in the property less than 8 months. Do you want possession, money or both? Is/are this person and his family British nationals? I might wait until they went out and .................surely you can guess the rest - though I am not recommending that you do that. Mortitia Link to comment Share on other sites More sharing options...
privacypolicy Posted July 22, 2012 Author Report Share Posted July 22, 2012 It is not an assured shorthold tenancy. I have headed the agreement "Property Let Agreement". The Agreement specifically states "This Agreement is a holiday let Agreement and does not constitute part of the Assured Shorthold Agreement under Part 1 of the Housing Act" This is in bold, in larger type face and is signed by the tenant. The agreed period was six weeks which he has also signed. He has now said that he has contacted his solicitor who has advised him that I can not remove him without a court order. And to make things worse, the tenant has changed the lock of the property. Link to comment Share on other sites More sharing options...
Melboy Posted July 22, 2012 Report Share Posted July 22, 2012 Welcome to the crazy world of Landlord/Tenant law. Makes you seething mad doesn't it that tenants like this can hide behind a stupid housing law and seek legal redress even though they are in the wrong by not paying rent or sticking to a signed contract. Foreign Nationals Mortitia? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.