Big mistake but I just want my house back?

Big mistake but I just want my house back?

10:24 AM, 5th March 2021, About 7 months ago 53

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Hi, I am a landlord for one property, which was my old house. The tenant is refusing to leave with no rent for nearly a year, and we went to court on the 24th of February under a section 8.

The tenant now says she’s never had a tenancy agreement (expired May 2019) and no I haven’t got a copy…big mistake

Although I have the witness who signed it..,…lot’s of waterworks on her behalf…..the judge has adjourned for a substantive hearing on 14th April….. I just want my house back…..never again….any advice, tips greatly appreciated.

Many Thanks

Sally



Comments

by Michael Comber

18:03 PM, 5th March 2021, About 7 months ago

Reply to the comment left by John Mac at 05/03/2021 - 16:21
just for completeness after they had left i passed the debt on to a debt collection agency who take 20% of anything collected
so the debt will be causing them grief until finally cleared.
I dont expect to ever recover the debt and the property was left in a dreadful condition so no one really wins but the grief is shared

by Alistair Cooper

19:42 PM, 5th March 2021, About 7 months ago

I agree issuing a money claim via MCOL can focus the mind and cause something to happen; however proceed with some caution. Under double jeopardy rules you cannot persue an order for the same debt twice so gaining a Money Judgement for rent debt will effectively reset the clock with regards to gaining possession via a Sec 8 Claim. Notice periods at present are far longer than pre Covid; 6 months notice must be given if rent arrears are less than 6 months and 4 weeks if over 6 months so in effect you will be waiting an additional 7 months after the Money Claim before being able to even issue Possession Proceedings.

by Dylan Morris

20:04 PM, 5th March 2021, About 7 months ago

I’m sure under the Housing Act 1988 a tenancy is automatically deemed to be an AST by default, unless confirmed as some other type of agreement. So the fact there was no written tenancy agreement or you’ve lost it shouldn’t make any difference. (I’m not a lawyer so please check this independently).

by Sally Parrack

20:07 PM, 5th March 2021, About 7 months ago

Reply to the comment left by Dylan Morris at 05/03/2021 - 20:04
Thank you....I'll check it out.

by Kate Mellor

8:01 AM, 6th March 2021, About 7 months ago

Dylan is correct. There’s no requirement for a written tenancy agreement to gain possession using a S8 notice. If the tenant has ever paid rent and you can show evidence of receipt of a monthly amount from them at any time since they’ve been in occupation you can show a tenancy exists and the amount of rent due per rental period without being able to provide the AST. Conversely if they have never paid rent then there isn’t a legal tenancy and you can tell them to leave now.

by treeman

9:24 AM, 6th March 2021, About 7 months ago

yes Kate Mellor is correct in law a tenancy is created by the person have free access to the property and have paid you rent (of any amount) Then an AST is automatically created, I had a situation myself with a squatter but as he never paid me any rent the case folded, so if you're ever wanting to get rid of a squatter never accept ant rent or utility money as this could be classed as accepting rent

by Judith Wordsworth

10:26 AM, 6th March 2021, About 7 months ago

Reply to the comment left by Sally Parrack at 05/03/2021 - 13:18
Just a little confused. You say her tenancy expired May 2019. Was it a 6 or 12 month tenancy?Was she on benefits at the start of the tenancy or had paid you directly at the start of the tenancy and then applied for housing benefit?

by Sally Parrack

11:48 AM, 6th March 2021, About 7 months ago

Reply to the comment left by Judith Wordsworth at 06/03/2021 - 10:26
Hi
The original tenancy was 18 months...she insisted tenancy was in her name .... January 2020 her relationship broke down and she said she couldn't afford rent so would be leaving....happy day's.... February she asked me to evict her ...March lockdown......June she asked for section 21 notice, which I did but not having a real clue what to do, was told after it expired by council it was incorrect anyway due to new covid rules....I spoke to Eviction company who asked about rent situation....I said I haven't had any since January 2020.....hence the section 8.....I'm no real landlord....that's obvious....but my income is about to drop significantly and I'll be struggling to pay two mortgages 😟

by Dylan Morris

12:15 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Sally Parrack at 06/03/2021 - 11:48
Who’s the “eviction company” ? Have you instructed them ?

by Sally Parrack

12:23 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Dylan Morris at 06/03/2021 - 12:15
Yes.... Regency Law....🤔🤔


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