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help please tenant won't leave !

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Comments

  • no sorry, I am not a member ! my mortgage advisor threw me in the deep end as I was pregnant and needed to move house asap I just went along with him.Its not all his fault I was desperate to get out fast.I know Im far too soft.Need to have a big think -thats going to hurt !!
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    please note: He does NOT have squatters rights!!!!
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • sooz
    sooz Posts: 4,560 Forumite
    sillywoman wrote: »
    no sorry, I am not a member !

    :confused:

    Do you mean you haven't protected his deposit? Did you take a deposit?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    sillywoman wrote: »
    no sorry, I am not a member ! my mortgage advisor threw me in the deep end as I was pregnant and needed to move house asap I just went along with him.Its not all his fault I was desperate to get out fast.I know Im far too soft.Need to have a big think -thats going to hurt !!

    If you let property you have to take responsibility for compliance with laws and regulations - if you haven't registered any deposit that your tenant has paid to you (after 6 April 2007) it has nothing to do with "being soft". You need to get any deposit registered straight away and give the tenant the "prescribed info".

    If he has paid you a deposit and you haven't registered it, as I said above, you cannot serve a S21 notice on this tenant (to regain possession of the property) until, and unless, you do register it. He could also take you to court where you could be ordered to repay the deposit in full or register it immediately, and pay him an amount equivalent to three times the deposit. I'm guessing that this is probably a higher figure than the amount of his rent arrears.

    That will hurt a lot more than having a "big think"...

    Start by looking though this - you can register the deposit online http://www.direct.gov.uk/en/tenancydeposit/index.htm
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    sillywoman wrote: »
    no sorry, I am not a member ! my mortgage advisor threw me in the deep end as I was pregnant and needed to move house asap I just went along with him.Its not all his fault I was desperate to get out fast.I know Im far too soft.Need to have a big think -thats going to hurt !!
    Christ almighty - please tell me you:
    a) registered the deposit - it's automatic fine payable to the tenant of three times it's value - plus you aren't allowed to serve them notice if you haven't done this
    b) have a gas safety certificate - you can go to prison for failing to do so
    c) have LLs building insurance and have notifed your mortgage company (fraud not to and insurance won't pay out if something goes wrong)
    d) have a proper inventory - you can't claim damage or witold the deposit without proof of original condition
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