Tenancy agreement and problem tenant?

Tenancy agreement and problem tenant?

11:03 AM, 23rd January 2023, About A year ago 11

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Hello, I have a tenant in my house who paid rent for the first year and then started creating problems, allowing cats and dogs to mess all over the lawns, then finally decided she doesn’t need to pay rent which she stopped last July.

My lawyer put in an application to the tribunal which was refused on the basis that the lease is signed in a company name.

I have been in touch with her previous landlord and discovered that she had done the same there.

Is there any platform which will help to prevent her doing this to a future landlord?

She seems know all the tricks in this area and how to play the system to her advantage.

Thank you,

Mohinder


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Comments

acctsol

11:43 AM, 23rd January 2023, About A year ago

do you mean the ast was with a company not with this particular tenant?

wouldn't this mean it is a commercial lease and not an ast?

Raz

12:01 PM, 23rd January 2023, About A year ago

Is it a residential let to a company (for the use of a staff member/director) or a let to a company for the purpose of subletting (rent to rent etc)? The first would be a 'company let' but the second a commercial tenancy so a big difference to what laws would apply - either way neither can be an AST, so common law rules would apply.

Graham Bowcock

13:23 PM, 23rd January 2023, About A year ago

If the tenancy agreement is to a limited company, why did your lawyer take action against the individual occupier? That sounds like a schoolboy error; you never take action without ensuring you know the correct identity of the parties.

As said by others it won't be an AST if it's to company. This may make it easier for you to deal with, although this will depend on the lease provisions regarding occupancy.

As ever there are more questions than answers.

NewYorkie

14:38 PM, 23rd January 2023, About A year ago

Sounds like it' may be her company, and the company owes the rent. Propose mediation, and if unsuccessful, make a Money Claim Online?

mo

15:13 PM, 23rd January 2023, About A year ago

o'dear, it seems that i have got myself into a very difficult situation.
So it's a women with her daughter and two children and two of her works.
Yes she had signed the lease in her Limited company name and for the use as a main residence.
Thanks for taking the time to provide information

acctsol

15:26 PM, 23rd January 2023, About A year ago

then technically it wasn't an ast but a commercial lease

and your solicitor should have picked this up! hasn't he? what has he charged you for then?

if the above is correct, i would go back to the solicitor and insist they rectify their work (free of charge) and give you sound advice on what is required moving forward.

SimonP

15:28 PM, 23rd January 2023, About A year ago

I had a company wanting to rent my property on a 12-month lease (not an AST which is not applicable to companies). I insisted upon directors' guarantees. The company backed out. 'Nuff said.

mo

16:30 PM, 23rd January 2023, About A year ago

The first lawyer was prity useless and have wasted 3 months.
The new lawyer has just sent a notice to pay or we will have to apply to the court to Pre-Irritency the lease, which is to dissolve the lease.
This women has done this several times already and knows what to expect and how it works.
The estate agents did try to get the directors to Guarantor but didn't do it.

Raz

16:41 PM, 23rd January 2023, About A year ago

If it's a company lease agreement you need to make a STATUTORY DEMAND for the full rent arears. This gives the company 21 days to pay the arrears or reach a pay back agreement with the landlord.

Hopefully you have a company guarantor written into the lease agreement. If they don't pay up you can go after the guarantor for the arrears.

If lease is still during the fixed period you can't evict unless tenant is in breach of the agreement. If there is a breach you can pursue forfeiture of the property, or outside fixed term you can issue a NOTICE TO QUIT, which will normally give 4 weeks notice, but may vary depending on the terms of the specific lease, and can often take some time.

Worst case scenario is the company says they can't afford to pay, in which case you might have to submit a WIND UP PETITION (compulsory liquidation). Company must owe over £750 and landlord must prove company can't fulfil the debt. Hope you have a company guarantor for the lease otherwise you could end up without a penny. Get a solictor who specialises in this type of lease ASAP.

mo

16:49 PM, 23rd January 2023, About A year ago

Many thanks for the above, unfortunately we don't have a Guarantor, so looks like a very expensive lesson.
Hope nobody else full for this scam, all landlord please be aware looks like difficult times ahead

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