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Author Topic: Major tenant issues  (Read 1645 times)
Wendy
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« on: January 29, 2007, 01:41:50 PM »

"My wife and I have an unusual situation where we have let to a tenant who took possession of our property on 5 December 05 and then, it would seem, continued to live at her previous address whilst claiming benefit to enable us to receive rent for our property from the state. She has now moved her teenage son into the house and the neighbours have complained so much that we are obliged to attempt a recovery.The 6 month shorthold tenancy came to an end on the 4 June 06. She is simply refusing to communicate so a  Notice Requiring Possession was issued to her on 28 March 06. This Notice we understand must be given two clear months before the repossession date. This was done correctly as the tenancy came to an end on 4 June and 28 March is exactly two months prior.
Our problem is that we bungled the completion of the notice because we wrote to the tenant in the document that we would require possession ‘after’ 5 June 06. We are now receiving conflicting advice; some are saying that these dates are not important because both are after the end of the agreement, however we have also been told that because the tenancy ended on the 4 June and we wrote that we required possession after 5 June there is a risk that the Judge will throw the whole case out.   This seems quite ridiculous to us. Must we start again with a new Notice Requiring Possession and another two month wait?  Is there any one who has any experience of this sort of thing?
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Freddy Crabbe
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« Reply #1 on: February 16, 2007, 03:42:57 PM »

This is my third attempt to help you.

I would not expect the judge to be sympathetic to somebody that has defrauded the state and is in fundamental breach of the contract terms.  I would say you have the right to repossess without resorting to court action.  In my view all of the issues you are concerned about are red herrings.  Where is the conflicting advice comming from?
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