sitting tenant

Reverend_Darkman

Well I may be facing this situation right now!

I let my house out 12 months ago to two pals - one of wich left in August (no one told me) so the other one thinks he's allowed to stay for half the rent and is pleading poverty and can't afford to pay when i know he's out working and can afford thousands on DJ kit/widescreen TV's ect etc...

His agreement ran out on sept 4th, I gave him another month at full rent until october 4th then his notice for six weeks (instead of four as per agreement) at the rent he says he can afford which is forty pounds a week - and this is a three bedroomed, two reception room end terrace town house!!

I now want to sell the property so have a local agent on the case as he won't even answer the phone to me anymore..... I'll keep you posted.....

btw - i'm doing a moneysaving wedding at the moment so will post all the info in the relevant topic...

Coffeeman_3

Hi,

It's well worth checking the start of the tenancy (as suggested by the investment chaps). In terms of Residential Tenancy the rent Act 1977 this only applies to tennants who entered into the tenancy before 15th Jan 1989, subsequently they are Assured Tenancy's (from the Housing Act 1988) and Assured Shorthold Tenancy (again from 1988, modified by the 1996 Housing Act).

Have a look at:
http://www.landlordzone.co.uk/residential_tenancies.htm

Additional protection is given to a rent act tennant (and generally houses with such a tennant are worth about 50% of the vacant possession value (which I hope is what you paid), and your unlikely to be able to do a great deal about the tennant in that case.

All tennants are also protected by the Protection from Eviction Act 1977 (section 5 if you want to check it) For a dwelling there must be notice in writing, and not less than 4 weeks notice. There must be a certainty of duration for the tenancy (so yearly etc, rather than indefinate) (Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386), otherwise you can give reasonable notice. But if they're not leaving you'll have to get the court to evict them.

Under the Housing Act 1988, you must ensure you are acting legally in any eviction, if you act to deprive him of the premises, or carry out an act to cause him to leave (interfere with his peace and enjoyment/cut off services etc) you are liable to a fine effectively to the difference in value of having the fellow in there or not - basically the rental value I guess.

You certainly appear to have sufficient grounds (I think the housing Act 1988 only requires 2 months in arrears).

There's a good deal of good advice in the prior posts - contact a solicitor (you'll often get a free first short chat), and start the appropriate court proceedings, the longer you delay the longer he'll be in there. But do everything by the book. The court has bailiffs if I recall correctly to undertake the eviction (worth checking that).

If you're interested in some background the Housing Act 1988 can be found at:
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880050_en_1.htm

hev_2

This thread is really, really old.

Is putting the linky worth the amount of effort put in to find the OP?

hev_2

Mind you, I have looked at the linkys and when I do finally get an opportunity to get out of this rat trap then I will be looking at [STRIKE]con artists[/STRIKE] people like Swift Finance to have the problem sorting this out.

I have reported our neighbours to the council because of the damp from their hole in the roof coming through to their house, so far no feedback.

I have someone coming round today to see if all the cracks are subsidence.

Actually even Swift Finance probably wouldn't touch this with a bargepole!