Tenant in arrears but I am not on AST for my own property?Make Text Bigger
Letting agents had found me a couple for a finders fee and they had a six month lease which was paid regularly on time. Then the 7th month rent was not paid, when my husband contacted the tenant he said the girlfriend had gone, but he wanted to stay there and he needed a new lease to take to the social, and he said as his son was going to come and stay 3 nights a week the social would pay the full amount.
We chased him up for 3 months and he just kept saying the social were dealing with it. The letting agent sent him a notice to quit and advised me that I had to wait until the six month lease was up even though he had not paid a penny. The notice to quit was due on 15th September 2016. He is still refusing to go.
I went to see him hoping that hearing my difficulties he would be reasonable, instead he threatened me with the police and two years jail time if I did not leave his property and told me that I am not the landlord my husband is.
My problem is that the letting agents have put my husbands name on the lease, but the property is in my name and during this period I have separated from my husband. I am also the registered landlord with council. The letting agents never gave us a copy of the lease, they are saying that they gave it to my husband by hand but he is saying he does not have it.
I have had great difficulties this year with health and personal and have moved out of a marital home and had to buy a property to live in with huge mortgage and am struggling to financial pay for the mortgage on the rental property and my new home. If I can not keep up payments I could lose my home as well.
CAB would not advise me as I am a landlord and I was told to go and see a solicitor.
A solicitor has advised me that as the lease is not in my name I would not be successful in applying for a summary cause summon to recover possession and arrears. He is suggesting that the tenant has no legal connection with me and I could raise proceedings against him to stop him entering the property. He is proposing to write to him in the first instant and then raising an action against him craving interim orders should he not leave.
I would like a second opinion as I can not afford the £1,000 in fees and outlays in case this does not work. I am under great financial, emotional and health strain over this issue could someone please help.
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