edward.isherwood Posted July 21, 2006 Report Share Posted July 21, 2006 Hello, I'm hoping someone here might be able to give me some advice. I'm the joint owner of a property with a friend of mine. We had a tenant in the property on a 6 month tenancy and at the end of this period we issued a new tenancy agreement and allowed the tenant to stay in the property even though on occassion she was late with her rent. Three months into this tenancy she has stopped paying rent and refuses to answer our telephone calls or reply to letters. She now owes us 12pence less than 2 full months rent. Do I need to wait until she misses another months rent (£750 which I can ill afford to cover) which would mean she owes over 2 full months rent before I issue a grounds 8, 10 and 11 or should I simply do this now? Is there any way to expediate this process and what is the quickest way I can get the tenant out of the property? I should also add that she is the only named tenant though the house is being lived in by at least 3 other people suggesting she is illegally sub-letting the property. There are 3 months of her tnenacy left to run. Another problem I face is that my mortgage company don't know I'm renting out the property, will they find this out as a result of evicting the tenant? I stand to lose the house and a large deposit that was used for the property if this situation continues much longer. This is a very stressful situation and I simply don't know the best course of action to take. Thanks in advance for any advice Cheers, Edward Link to comment Share on other sites More sharing options...
Melboy Posted July 22, 2006 Report Share Posted July 22, 2006 Edward The Tenant is in Breach of Contract on at least two counts. Start the proceedings against her now! You may require the services of a Solicitor to get you through this. Any delay will result in even more problems for you. Inform the sub-letters to vacate the property now! Link to comment Share on other sites More sharing options...
Andy_B Posted July 29, 2006 Report Share Posted July 29, 2006 I would just like to point out that if you are charging her £750 as the sole tenant and since 3 people are living there I assume it is a 3 bedroom or at least 2 bedroomed house then she could claim you are charging her an unfair rent. I would suggest you put it down to experience because although she has done some rather dubious things you have not exactly been completely lawful either. Try and sign a mutual agreement to quit with her and move 3 new tenants in (If you have a HMO license) and just put it behind you because I would say that the case may not favour you completely in court. Hope this has been of some help Link to comment Share on other sites More sharing options...
schocca Posted July 30, 2006 Report Share Posted July 30, 2006 Hmm - I would do some homework first. Go visit the property (on an anounced inspection) and check out these other people - question them if they are letting and find out if your tenant has sub let. Get names (i.e. evidence - if they are amenable, get a contract copy as well, assuming that they have one). The 12p is important - if she is over two months *monies* in arrears, then you have options, otherwise you are v limited - I'm not totally sure here, but you do need to talk to a solicitor experienced in these things (i.e. a specialist in this subject - generalists won't have the experience) Make sure that you have records of letters sent + call logs of all attempts to contact the tenant + actions you do. Evidence is v important here... Good luck, Simon. Link to comment Share on other sites More sharing options...
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