Current Occupant with no AST – help!
1:23 PM, 6th August 2015, 11 years ago
8
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I had a tenant on an AST and he had his girlfriend subsequently move in. He has since moved out (they have split up) without letting me know, but she remained in the property and has not paid any rent and it has been approximately 3 months now!
What are my options? Opinions appreciated!
Rob
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Member Since February 2011 - Comments: 3454 - Articles: 286
1:28 PM, 6th August 2015, About 11 years ago
Hi Rob,
When did you know the girlfriend had moved in?
Obviously had you known she should have been added to the AST straight away.
I really do think now you need to save money by paying to get the experts in tenant eviction in. Please see >> http://evicting-tenants.net/
Member Since November 2014 - Comments: 16
3:09 PM, 6th August 2015, About 11 years ago
Hi Neil,
she moved in a few months after the tenancy start, although the explanation given, was she stayed the odd night.
The first i knew of his departure, was as a result of not receiving the housing benefit payment and my subsequent enquiries with the council, which were prompted by my inability to contact him.
During a visit to the property and following discussions with the girl, she assured me that she was eligible for housing benefit and would apply. This she has done, however the claim has not been authorized, as she has failed to provide the information they require.
I can’t decide if i should persevere with the process or am i best having her removed. She also has a baby a few months old.
Member Since November 2013 - Comments: 67
3:16 PM, 6th August 2015, About 11 years ago
Have you ever received any monies from her, or did it always come form the tenant? Did you ever confirm in writing that you accept her as a tenant or similar? When setting up a housing benefit claim the council normally require a tenancy or proof of rent in the claimant’s name.
Member Since November 2014 - Comments: 16
3:24 PM, 6th August 2015, About 11 years ago
Reply to the comment left by “Ross McColl” at “06/08/2015 – 15:16“:
No Ross, never had any connection with her or received any money from her.
Member Since November 2013 - Comments: 67
4:29 PM, 6th August 2015, About 11 years ago
I would there fore assume no tenancy of any kind and treat her as a squatter. Serve a section 21 and only name the person on the tenancy. Serve a Section 8, only naming the person on the tenancy. Give her 48 hours to get out to try and scare her. Contact her ex partner if possible and tell him that all the time she is still there he is liable for the rent and the will be pursued for the monies owed unless he gets her out now. If possible get it in writing from him that he never gave her authority to stay there. Did he ever give notice in writing that he was leaving?
Member Since September 2014 - Comments: 277
10:50 AM, 7th August 2015, About 11 years ago
Treat her as a squatter and inform her court action IS going through as that alone may be enough to chase her! I beleive the laws have recently tightened up against squatters but best check.
Comments: 98
11:17 AM, 7th August 2015, About 11 years ago
She needs to be told she is occupying a property illegally and HAS to move out
Comments: 51
9:31 AM, 8th August 2015, About 11 years ago
Get an Interim Possession Order, form N130