Help dont know where to start evicting tenant on criminal damage

BitterAndTwisted

Give him an inducement to vacate and then agree a mutual surrender with the tenant who has moved out. At the moment, regardless of who is physically occupying the property, you have a legally-binding agreement until October. Nothing short of non-payment of the rent will get him out before then.

Guest101

Sec 21 won't work until OCT 2014.

You don't press charges in the uk, so no point 'dropping charges'.

Bribe them to go. Could work within a week.

The police know little about this, he's not going to win against eviction, your problem is the length of time.

G_M

I'm unconvinced regarding the new contract....

The tenant on the new contract is named as John Smith (him);
He has not signed it;
The contract has been signed by Jane Jones (girlfriend).
Jane Jones is not named on the contract as tenant.
Plus unclear if landlord has signed or not.

Looks like a a worthless piece of paper.

So any contract that exists between landlord and John Smith is a SPT - continuing the original tenancy.

A S21(1)(b) Notice giving 2 calendar months notice would be valid.([FONT=&quot]Spencer v Taylor[/FONT])

(I think.......)

Yorkie1

G_M wrote: »

I'm unconvinced regarding the new contract....

The tenant on the new contract is named as John Smith (him);
He has not signed it;
The contract has been signed by Jane Jones (girlfriend).
Jane Jones is not named on the contract as tenant.
Plus unclear if landlord has signed or not.

Looks like a a worthless piece of paper.

So any contract that exists between landlord and John Smith is a SPT - continuing the original tenancy.

A S21(1)(b) Notice giving 2 calendar months notice would be valid.([FONT=&quot]Spencer v Taylor[/FONT])

(I think.......)

I thought they were both on the original tenancy agreement, both names are on the latest agreement but that he has not signed it?

Would this make a difference, do you think, if this was the case?

I_have_spoken

Join a Landlord Association.

Issue a Section 8 on Grounds 14 and 15(*), seeking possession after 2 weeks through the Courts.

Ground 14 - The landlord can seek possession where a tenant, sub-tenant, lodger or visitor is causing a nuisance to neighbours or is using the property for illegal or immoral purposes. The ground also covers cases of domestic violence where one partner has left and is unlikely to return.

Ground 15 - This ground covers cases where landlord’s furniture has been ill-treated.

angelican

hi

yes there is a contract i renewed it for another year to end october 2014. Both are jointly named on the agreement however the tenant who has caused the damage has not signed it. I have also signed the contract as a landlord.

Thanks for taking the time to reply everyone. I'am still somewhat confused. I'm just hoping that he agrees to 2 months notice under section 21. Do i need a specific form to hand to him or can you get a template? If i give him notice I'm guessing that it will be 20th March he will need to move out by. I'm going to try and get intouch with CAB tomorrow.

tbs624

angelican wrote: »

... I'm going to try and get intouch with CAB tomorrow.

The CABs have limited resources and aren't there to sort out business problems - you are effectively running a business and will need to look elsewhere for legal guidance.

You should be able to get a Fixed Fee interview with a local solicitor-contact the Law Society to find one with specific LL&T experience. You may also find it useful to have a look at Tessa Shepperson's Landlord Law website.

Did you take a tenancy deposit from these Ts and, if yes, have you and your sister dealt with according to the law, ie scheme registering it and providing the scheme's prescribed information to the Ts within the time limit?

Guest101

angelican wrote: »

hi

yes there is a contract i renewed it for another year to end october 2014. Both are jointly named on the agreement however the tenant who has caused the damage has not signed it. I have also signed the contract as a landlord.

Thanks for taking the time to reply everyone. I'am still somewhat confused. I'm just hoping that he agrees to 2 months notice under section 21. Do i need a specific form to hand to him or can you get a template? If i give him notice I'm guessing that it will be 20th March he will need to move out by. I'm going to try and get intouch with CAB tomorrow.

Get a form which states that he surrenders and you accept his surrender of the tenancy. Issuing a sec21 I think won't help, it doesn't work during fixed term, and even afterwards he wouldn't have to leave until you got a court order.

It's best you treat any further written documents as mutual surrender

thesaint

The remaining tenant is on the tenancy agreement. Whether he signed thee agreement or not is irrelevant.

Pursuing a Sec 8 on discretionary grounds is pointless, as is getting a form which states he surrenders the tenancy.

Guest101

thesaint wrote: »

The remaining tenant is on the tenancy agreement. Whether he signed thee agreement or not is irrelevant.

Pursuing a Sec 8 on discretionary grounds is pointless, as is getting a form which states he surrenders the tenancy.

How is surrendering pointless?