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1  General Category / Possession Issues / Re: Tenant eviction on: January 30, 2007, 06:29:51 PM
hi, at this stage, it appears that the legal status of the tenant’s boyfriend is a trespasser – ie he has no legal right to reside at the property. Therefore, you should not accept rent from the boyfriend currently living at the property as this may imply that you have accepted him as your tenant, and complicate matters.
It seems that you have two courses of action; you either take eviction proceedings against your female tenant (and this in itself will evict any other occupiers) or you take eviction proceedings solely against the trespasser – either way.
I suggest you discuss your intentions to evict with your female tenant and hope that she agrees to surrender the tenancy. Explain the possession procedure will cause her substantial extra cost and could afffect her personal credit rating. She should supply you with a written and dated letter stating that she hereby agrees to surrender the tenancy forthwith. If she agrees to this, then you can then take proceedings against the remaining boyfriend as trespasser. You should then write to him at the property (try and find out his name from your tenant) and tell him that you consider him a trespasser and if he does not leave the property by
[date – say a week’s time], eviction proceedings will be started against him.
Your county court can give you details of this procedure, which I have never used, but understand to be reasonably quick (do any other forum members have experience of the procedure ?)
If you current female tenant is not so co-operative, then you will be required to start possession proceeding against her as well as her boyfriend – normally under section 8. You will need to serve her a notice of proceedings using the section 8 form – a copy of the form is given on this website. You can also look at the factsheets (No.37 ) which describe the process. For breach of tenancy (gnd 12) you only need to give two weeks’ notice. For anti-social and illegal behaviour, there is no notice period – you serve the notice and can start immediate proceedings. Letting Centre’s Possession Pack explains the entire process in much greater detail. The section 8 eviction process can typically take several months, so it is much better if you can persuade the tenant and boyfriend (using whatever legal means and threats of proceedings and costs that you can) to leave voluntarily.
2  General Category / Agency Issues / New landlord on: January 30, 2007, 04:21:40 PM
I'm a new landlord and 3 months ago we got our first tenant in via a letting agency...they did the vetting, aggreements, standing order etc. Now, we received our first months rent + deposite via the agent and the second months rent straight into our account from the tenant via bank giro credit and not standing order as agreed in tennacy agreement! This motnhts rent is now overdue, granted at the moment just by a few days, but when I called them to find out why and if there were any problems! The tenant said that he would speak to his partner and find out why we'd not been paid and that he'd get back to me. His partner did indeed call back and told me that they'd been burgled a week or so ago...phone and credit cards stolen! I find this hard to believe as surely being the landlord they should have told me, they called the Police so a crime number will be available. She also told me that she'd checked a statement and it showed money transfered but, then checked a more rescent one and it showed no money at all! It just seems starnge that they've cancelled the standing order and are now late with only the 3rd months rent and have a rather unbelievable story

Alarm bells are ringing and I'm not in the position to have non paying tenants, I have 1 property and their rent pays the mortgage...I don't want to seem heavy handed but this was bought as an investment for the future...we'd receive bad credit etc through no fault of our own!

Can anybody please help and advise...I'd be extremely grateful!
3  General Category / Tenancies / Tenant wishes to buy the property on: January 30, 2007, 03:08:26 PM
I am a Landlord that has a tenant in one of his properties. The Tenant wishes to buy the property. Does the Landlord need to pay the agency any comm(%) of the sale of the house. The agency only found the tenant and does not have a managed service. The agreement is within a Assured Shorthold Tenancy. I see no clause within the contract saying that i need to pay if the tenant buys the house within the contract period.
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