Help, with tenant, want him out, No TA

maliah

We have the rent paid directly to us, he meant to pay us a top up, he got the rent paid to us as the hb wouldnt give it direct to him for some reason.


Can i ask u guys, if i hand my keys into mortgage co, what are the repocussions? if my partner goes mon and gets our stuff out then we hand keys in. What happens?

Do i tell mort that i broke conditions and rented it? can i be in trouble for renting it but not paying his rent onto mortage this month?

theartfullodger

We have the rent paid directly to us,

Good, so you will have a bank-account record showing payments to you, providing evidence of there being a tenancy.. When things get to court re, the tenancy this will help prove there was a tenancy... Although perhaps as the tenancy agreement given to the council was false you might be charged with fraud...

he meant to pay us a top up, he got the rent paid to us as the hb wouldnt give it direct to him for some reason.

When did the tenancy start???

Normally unless this is an old arrangement it will only happen if the council know he is not trustworthy & usually p***ses the HB/LHA up the wall/shoots-it-up-'is-arm...


Can i ask u guys, if i hand my keys into mortgage co, what are the repocussions?

if my partner goes mon and gets our stuff out then we hand keys in. What happens?

- Well, you need to give a tenant 24hr written notice of visits: He does not have to let anyone in... if you force entry you will make your position worse...

Do i tell mort that i broke conditions and rented it? can i be in trouble for renting it but not paying his rent onto mortage this month?

- Yes, they may decide to charge you fees/up the interest rates.. that you wasted the money elsewhere is just an indication to them not to trust you...

Giving keys back doesn't sort the problem out... As the lender will then sell the place (eventually) and still expect any shortfall between what is owed and what they get (less their very-significant expenses..) from you... And in these circumstances selling with a sitting-tenant they will get a lousy price & you'll be even deeper in debt...

And the tax-man will want the tax owed on the rent... (and so will almost all honest tax-paying UK citizens to keep their own tax-bills down...)

Cheers!

Lodger

maliah

sorry i meant to put first months rent as HB is paid 4 weeks in arrears.

I understand what ur saying my parent aren't buying the house from me they we're going to move into pay mort and renovate and then pop it up for sale.

Thus makin them hopefully a profit which they get to keep.

maliah

I dont understand lodger?

How is the tenancy fraud? a letter was given detailing he as tenant, my partners name and address the tenancy started on 17th sept as stated on the letter and the rent is £460 pcm

I'm really confused, do i just serve him notice 2 months?

i have made no money from him renting from me, i have made a loss, i missed a payment on mortg as his LHA wasn't sorted, and then only paid part of one payment as it still wasn't sorted.

adg1

maliah wrote: »

We have the rent paid directly to us, he meant to pay us a top up, he got the rent paid to us as the hb wouldnt give it direct to him for some reason.

Most councils will only pay LHA direct to the landlord if the tenant has a significant history of mis-handling the money or is mentally disabled.

clutton_2

Maliah - you are NOT listening to wise advice on here - you cannot just go to the house with a "notice to leave" - it has to be in a set format, it has to say the right things, it has to have the right dates on it.... and if it does not - you will only discover that in 4 months time when the judge throws out your case because you got the notice wrong - and then you will have to start all over again

i am going to be very blunt here -

you have NO idea what you are doing and as a result of your ignorance

THERE IS NO EASY WAY OUT OF THIS MESS

.
you are up the creek without ANY sort of a paddle
you need proper professional help
if you hand the keys back you will be repaying this debt for YEARS to come

YOU HAVE TO find some money to get yourself some proper help - the cheapest way to do that is to join the National Landlords Association and they will talk you through how to do the paperwork and how to take this man to court yourself.

If you go to a solicitor it will cost you at least £1000

Whether you have many any profit at all is utterly irrelevant - what is relevant is that you may be the subject of criminal proceedings if you dont get his Landslords Gas Safety Certificiate done yesterday - that is MUCH more important than getting some of your clothes back...

Listen to the wise advice on here... or dont bother asking any more questions

maliah

i have been on landlord zone and been told to server sect 8 and sect 21 , i have printed these forms off?

What do u all mean when u say they can be worded incorrectly x

tbs624

DawnW wrote: »

...... If you have received as little rent as you say you have, you are very unlikely to have to pay any income tax, but you ought to tell them.

People who are renting out property have to get their heads around this - it doesn't matter whether they are "making anything" they are still obliged to notify HMRC and to keep proper financial records

DawnW wrote: »

You probably should have a gas safety certificate - this costs about £80 or so.

No probably about it - a tenancy exists, and the OP has the usual LL obligations.

DawnW wrote: »

Why not ring the CAB, or even try Shelter for advice if you can't afford a solicitor - would your parents help out with a solicitor though if you explained the problems you are having? Some even offer a free half hour advice appointment.

Please don't advise LLs (amateur or otherwise) to take up Shelter's lines. Shelter's advisors are not there to provide free business advice, they are there to advise tenants and homeowners on matters affecting the roof over their heads

The OP has failed to get lender consent and is therefore unlikely to have notified their insurance company either. So what happens if the T causes damage to the property and you find out that your cover is invalidated, as AL has highlighted?

OP you ask what happens if you hand the keys back in to the lender - they will seek repossession of the property, they will sell at a price that may not clear your current mortgage debt and costs, and then pursue you for any balance owing. They will evict the T but because the lender will not recognise the existence of the tenancy your T *can* pursue you for failing to honour a tenancy agreement.

You have tried to "fly under the radar" with this letting and you need qualified legal advice to get things sorted out - ask for a fixed fee interview with a good local solicitor.

adg1

maliah wrote: »

How is the tenancy fraud? a letter was given detailing he as tenant, my partners name and address the tenancy started on 17th sept as stated on the letter and the rent is £460 pcm

Because, in order for the council to pay the LHA they would, under normal circumstances, require two signed and witnessed tenancy agreements - one signed by you (LL) and one by him (T). Its how they proove its a legal tenancy and not just someone printing an AST off t'internet and filling in the gaps.

I'm not sure your letter would qualify in the eyes of a court.

maliah wrote: »

I'm really confused, do i just serve him notice 2 months?

You need to serve him a Section 21 notice to leave the property and then go through the courts if he doesn't leave on the set day to get a bailiffs appointment to evict him. This is expensive and not enjoyable and will take time - you will need legal help or advice from a LL association as others have mentioned earlier.

There's another thread very similar to this one running at the moment on this board (unless I'm confusing things :rolleyes:. Which can happen).

Colincbayley

clutton wrote: »

Maliah - you are NOT listening to wise advice on here - you cannot just go to the house with a "notice to leave" - it has to be in a set format, it has to say the right things, it has to have the right dates on it.... and if it does not - you will only discover that in 4 months time when the judge throws out your case because you got the notice wrong - and then you will have to start all over again

i am going to be very blunt here -

you have NO idea what you are doing and as a result of your ignorance

THERE IS NO EASY WAY OUT OF THIS MESS

.
you are up the creek without ANY sort of a paddle
you need proper professional help
if you hand the keys back you will be repaying this debt for YEARS to come

YOU HAVE TO find some money to get yourself some proper help - the cheapest way to do that is to join the National Landlords Association and they will talk you through how to do the paperwork and how to take this man to court yourself.

If you go to a solicitor it will cost you at least £1000

Whether you have many any profit at all is utterly irrelevant - what is relevant is that you may be the subject of criminal proceedings if you dont get his Landslords Gas Safety Certificiate done yesterday - that is MUCH more important than getting some of your clothes back...

Listen to the wise advice on here... or dont bother asking any more questions

I agree, the OP is way out of their depth on this and should seek professional advice before doing anything else.