Can I remove tenant with no agreement or money taken?

by Readers Question

8:28 AM, 13th May 2016
About 5 years ago

Can I remove tenant with no agreement or money taken?

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Can I remove tenant with no agreement or money taken?

My tenant moved in before I had time to check his references as he told me it was his only day off.remove

I then found out he had a criminal record. I have not taken any money off him and he has not sign a tenancy agreement.

I need him out for the sake of other tenants.

What is my best option please.

Kate


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Comments

Ingrid Bacsa

11:32 AM, 13th May 2016
About 5 years ago

Of course, if he has a room in your own home, you can get him out within hours, provided you (and presumably your tenants) are sharing your facilities with him. You dont need a reason in that case. Just remove any locks off of his door asap, as you have the upper hand to do this, since he is an "Unoccupied" Tenant in YOUR home.

If he is self-contained, you will have to go the Section 8 route (once you get paid).

Michael Barnes

21:07 PM, 14th May 2016
About 4 years ago

Reply to the comment left by "Ingrid Bacsa" at "13/05/2016 - 11:23":

It is only misrepresentation or lying if he was asked about criminal record and did not disclose it.

Ingrid Bacsa

22:43 PM, 14th May 2016
About 4 years ago

Yes but deception is on the 'no' list - and so are certain crimes Michael My tenant claimed. "I was only smoking!" Whist smoking had been the main thing I asked him not to do !

Michael Barnes

23:16 PM, 14th May 2016
About 4 years ago

Reply to the comment left by "Ingrid Bacsa" at "14/05/2016 - 22:43":

Yes, but if he has not been asked something, then he does not know that you want to know and not telling you is NOT deception or lying.

My point is that if the OP has not asked about criminal record, then there are no grounds for invalidating the agreement just because she now discovers he has.

Ingrid Bacsa

7:15 AM, 15th May 2016
About 4 years ago

Ok but some crimes Must be disclosed - in some residential environs.

Jay James

16:31 PM, 15th May 2016
About 4 years ago

Reply to the comment left by "Ingrid Bacsa" at "15/05/2016 - 07:15":

I would have thought in the op's situation that only crimes asked about must be declared. Which crimes and which environments do you mean Ingrid?

Steve From Leicester

11:19 AM, 16th May 2016
About 4 years ago

The bar for Section 8 is quite high for the discretionary elements. Specifically, its not enough to show that a tenant has merely breached the terms of his tenancy agreement. You have to convince a judge that the breach is so serious that it justifies someone losing their home.

I share Michael's view that if the landlord didn't ask the question in the first place she would struggle to convince a judge that it was information the tenant should have volunteered, and that his failure to do so was sufficiently serious to justify eviction.

Rob Crawford

11:47 AM, 16th May 2016
About 4 years ago

Common law applies and it sounds to me that you do have a tenancy in place irrespective of whether in writing or not. However, has the tenant been deliberate in concealing information from you? I guess it depends on if you asked the question! For instance if you had asked, "is there anything that you know of that would result in a credit / ref check failure" and he said "no" then that would be fraudulent. Also if he has a criminal record, is it a crime that he is required to reveal? Some criminals are protected from revealing quite serious crimes so that they can re-establish themselves back into the community! With nothing in writing you are in a very difficult situation.

Charles King - Barrister-At-Law

12:01 PM, 16th May 2016
About 4 years ago

Reply to the comment left by "Steve From Leicester" at "16/05/2016 - 11:19":

RIght again Steve from Leicester. Forgive me if I'm missing something but I presume everyone is referring to ground 17 of the amended Housing Act 1988 (I don't know why any of the several Landlord and Tenant Acts would be involved, except that the landlord in this case has not given a section 48 notice yet) which provides a ground for possession where the landlord has been induced to enter into the tenancy by a false representation. Good luck in proving that to a District Judge in a busy possession list in the County Court. Why would you bother with such an expensive and easily contested ground when there are rent arrears? Discretionary grounds are indeed difficult to prove, but surely a persistent delay in paying would give you a good shout at getting an SPO? I wonder if you agree Steve. Kate, you must be thoroughly confused by all of this!! I know I am, and I've been an L&T lawyer for 20 years!! Best of luck

Ingrid Bacsa

12:54 PM, 16th May 2016
About 4 years ago

Reply to the comment left by "Jay James" at "15/05/2016 - 16:31":

I am Ingrid but I am a "poster" with this one and not the originator who has the problem! Thanks any way.

No doubt you are right but the original post says her tenants may be in danger so I assume it is quite a serious crime.

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