Help, with tenant, want him out, No TA

tbs624

princeofpounds wrote: »

There is also a lot of semi-suspect advice on this thread...

PoP - do state clearly what in your opinion is "semi-suspect" otherwise such a statement does little to help the OP. It's also worth stating that what gets posted up on a forum does not constitute "advice".

Your own post largely re-iterates what has already been stated by others, with some additional parts which are irrelevant in this case ( The OP has already stated in post 3 that there was no deposit paid)

It's clear that the OP is woefully ignorant on LL& T matters and needs *qualified* legal advice, as several posters have commented..

Wickedkitten

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.


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?

Civil or Criminal
If the landlord did not have a BTL ( buy-to-let) mortgage, then the landlord falsely pretended to the tenant that he was able to grant a 6 month AST giving the tenant peaceful enjoyment of the property for six months. Thus the rent was obtained by false representation. This is a criminal matter under S.2 of the Fraud Act 2006. Fraud by false representation occurs when a person dishonestly makes a false representation (express or implied), to make a gain for himself or to cause loss to another (e.g. the loss of the tenancy)
The bank may then be in possession of the tenant’s money (if the rent was used to pay the mortgage) falsely obtained and that it should be returned to the tenant under S.240 of the Proceeds of Crime Act 2002.

You might want to have a look at this thread actually

http://forums.moneysavingexpert.com/showthread.html?t=2027537

princeofpounds

Semi-suspect advice?

If so that means he can stay for minimum six months

I *think* you also need electrical safety checks (PAT) on any appliances.

Why not ring the CAB, or even try Shelter for advice if you can't afford a solicitor

Obviously this is probably in a huge grey area, but since they don't have a tenancy agreement, they haven't taken a deposit off the bloke, didn't give him a receipt for rent, and still have most of their belongings at the house, can they not just get the police to remove him?

If it was me , this would have been sorted ages ago . Send in a couple of " the boys " to ask him to move out and any repercussions afterwards and they will pay him another visit . Should be able to sort it out for £200 if you dont know the right people . This scrote needs to learn a lesson in the way of life

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Your own post largely re-iterates what has already been stated by others, with some additional parts which are irrelevant in this case ( The OP has already stated in post 3 that there was no deposit paid)

Make no apology for repeating much of the good advice. My aim was to put most of they key things in a succession of paragraphs so it was in context with some explanation of why things are the way they are. I mentioned the deposit legislation for a sense of completeness, and also because when writing such a long post you can forget some of the details and is easier just to cover all bases - I did state IF there is a deposit. No need to be so prickly about everything.

Wickedkitten

that wasn't advice, that was a question.

clutton_2

""Civil or Criminal
If the landlord did not have a BTL ( buy-to-let) mortgage, then the landlord falsely pretended to the tenant that he was able to grant a 6 month AST giving the tenant peaceful enjoyment of the property for six months. Thus the rent was obtained by false representation. This is a criminal matter under S.2 of the Fraud Act 2006. Fraud by false representation occurs when a person dishonestly makes a false representation (express or implied), to make a gain for himself or to cause loss to another (e.g. the loss of the tenancy)
The bank may then be in possession of the tenant’s money (if the rent was used to pay the mortgage) falsely obtained and that it should be returned to the tenant under S.240 of the Proceeds of Crime Act 2002. ""

i am not at all sure about the alleged legality of the above statement.... does anyone know the Statutory Instrument it comes from ?