Tenant arrested and ex partner refuses to leave property!

Tenant arrested and ex partner refuses to leave property!

9:10 AM, 23rd November 2023, About 5 months ago 3

Text Size

Hello, last December, the police were called out to my rental property, due to a nasty domestic incident. The tenant was removed by the police, and not allowed back unless he was with a police officer.

His (now ex) partner, a state registered nurse, wanted to take over the tenancy, but letting agents said she had to move out in order to apply. She is on a good salary but has a CCJ. She has been to the council, who no doubt, told her to stay put. Section 21 came and went. So I started the eviction process and was told initially end of October. Now it is going to be early New Year.

The tenant has never put in notice, so there are arrears, which are considerable. The property is in an area which still has houses for sale under £100,000, and rents are fairly reasonable. I am feeling quite helpless and need to know what my options are, to try and claw some money back. I am a retired RAF/NHS hospital worker. I live in Spain now, kept the house, due to Brexit. I intend to sell the house, as I am sick to death of all the hassle, plus all the new legislation.

I have tried to be a decent landlord over the years and had one set of tenants for 16 years.

Any advice is welcome,

Kathryn


Share This Article


Comments

Easy rider

9:45 AM, 23rd November 2023, About 5 months ago

You should use an eviction specialist. Section 8 for rent arrears naming both parties to the AST (assuming they are both on the AST). Section 21 if the specialist advises to continue with it.

Not long until. New Year. Good luck.

David

11:08 AM, 23rd November 2023, About 5 months ago

If the couple are married or have children then she will have occupation rights under family law. If not then she is there as the tenants guest. Have you tried asking him to serve notice to end his liability? If he's unwilling then you just have to go through the courts and bailiff process. I also suggest you stop focusing on her as she's not the problem. If she left today it would change nothing as you still can't take possession until the tenancy ends.

Markella Mikkelsen

12:30 PM, 23rd November 2023, About 5 months ago

Do you have contact with your former tenant? Via the police or his ex-partner maybe?
Maybe if you can have a conversation with him, you can convince him to sign a termination of tenancy.
He has nothing to gain by not signing it. I would tell him that I will write off the arrears, if he signs the termination of tenancy agreement.
You will not get the rent arraers back, so you might as well write them off and get your property back.

Then you can decide if you want to start a new AST with his partner. But at least you have solved one problem.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now