Tenant claims to have moved out and ex-partner has moved in – Please Help

by Readers Question

10:20 AM, 25th March 2013
About 8 years ago

Tenant claims to have moved out and ex-partner has moved in – Please Help

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Tenant claims to have moved out and ex-partner has moved in – Please Help

Tenant claims to have moved out and ex-partner has moved inI Just saw an article on Property118.com about the new “squatters” law and would like some advice with a tenant that claims to have moved out but now the ex-partner has moved in and refuses to leave.

My tenant was made redundant in December and got depression.  The guarantors paid rent in December and January and then in February the guarantors let us know she couldn’t pay rent and that they had been paying the rent for her. Then she had lost her job, she was ill and that they couldn’t afford to make any more payments.

The Social Services got involved as there were concerns for her kids and her ex-partner had already moved into the address to look after kids and unknown to us at time she had moved out to her sisters as she wasn’t allowed to be near kids on own.

Her ex-partner has paid half a months rent to help out with the arrears, but the neighbours complained about rubbish at property. I attend the property and found she had been living in a mess with black bags overflowing all over the house.

I arranged a visit with the tennant only and she agreed to clean up, but I was later contacted by the ex-partner who agreed to clean up the mess on her behalf, which was done. The neighbours informed me that no female had been seen at address.

The police then called to the address on a warrant to search for a firearm and although none was found the ex-partner was caught in possession of cannabis and given a street warning and again the tenant was not at the address.

The police called again a few days later as she had attended at address and an argument had ensued resulting in her removal to her sisters.

The police called again as she was harassing someone on Facebook. She was arrested and cautioned and taken back to her sisters.

Now the ex-partner has been in contact to say he has been advised by someone to stay at address until he is evicted. When we attend the property she is always there and her claim for back dated benefit has been stopped due to the fact they now know he is living at the address.

She was offered the chance to get out of the agreement with only paying what she owed up to that date and any damages if relevant which she refused. We will be going for an eviction, but do we put them both on it or just her and have to evict him separately?

What is the chance we will get any rent owed if we go to court to claim from the guarantors?

I wish I had never let my house out and I am what you would call a nice landlady and I am getting treated like this.

I have a letting agency, but any advice would be greatly appreciated. I am aware of the possession notice and then the eviction notices etc just anything else I should know that isn’t obvious would be greatly appreciated.

Thank you for any help

Gibbo

 

Comments

Jerry Jones

14:37 PM, 30th March 2013
About 8 years ago

Paul, I know you are a big fan of RGI - which insurer do you use?

2:44 AM, 31st March 2013
About 8 years ago

IO
I am sorry if I have NOT explained things very well and I do respect your considerable experience; I'm not trying to deny that fact.
My RGI company will insure a guarantor if the tenant fails a RGI check.
So essentially if the guarantor passes a specific RGI check then I may take out a RGI policy on the guarantor; NOT the tenant.
The fact that the tenant is NOT insured is irrelevant as the guarantor is.
So if the tenant doesn't pay rent then I submit a claim and it is the guarantor that the RGI company goes after; not the tenant.
In the meantime I get paid the RGI rent until eviction has occurred.
This may be a unique way for a RGI company to behave but they do so!

2:50 AM, 31st March 2013
About 8 years ago

J Jones i am only a fan as I have no spare resources to cover things if my DD goes all wrong!
Therefore I have little choice than to use RGI.
I don't think I can mention the RGI company with MA's permission as this is his site and he has relevant sponsors etc.
I have no issue with being contacted personally if you wish.
MA will have to provide the details to you; which I have no problem with.
My email address is probably sufficient; I don't mind anyone having that!!

Industry Observer

10:54 AM, 1st April 2013
About 8 years ago

Paul

I hate to argue but you are still incorrect in who is insured. The tenant never is, they are covered and the Landlord qualifieds for RGI either if they pass referencing themselves or, if they fail (or a G'tor is demanded because of other status reasons such as students) then the Guarantor must be provided and they must of course pass referencing.

Please stop referring to the Guarantor or even the tenants being insured. Their risks are but they are not and are not named.

All RGI policies are in the name of the Landlord as someone has to make a claim - and that is the Landlord. In some very rare caedes RGI companies will allow a policy to be held in an agent's name, or if the agent is big enough to have a block policy with the insurer.

But the tenant or the Guarantor are never "covered" by the insurance in the sense that you mean it, and are never named on the policy.

In the event of a claim the RGI company may choose to "go after" the Guarantor first but that would be as dodgy for them as a Landlord pusruing a Guarantor for arrears without fiorst chasing the tenants- hard. Why?

Because it releases the tenants from their joint and several obligations, the LL must pursue them first even if a waste of time. It will be the same for the insurer, you must pursue in the right order even if a waste of time initially.

21:39 PM, 1st April 2013
About 8 years ago

IO I have to disagree again because you are wrong.
The RGI company I use will check a guarantor and if passed the RGI policy is on the tenant.
I think you think that the tenant ;if they fail and then the guarantor passes which allows the RGI company to offer a policy means the policy is held on the tenant.
We may be taiking semantics here and you may well be correct.
However the point is this; if the tenant fails the RGI check and the guarantor passes then a policy is taken out; perhaps on the tenant who failed.
It is really academic as to the nuts and bolts; as the main issue is would I be covered by my RGI policy if a tenant failed and the guarantor passed.
The ANSWER is YES.
That is the actual point.
So your assertions may well be correct; but I am correct about a guarantor qualifying the failed tenant for RGI which is ALL I am interested in.
It matters NOT to me whether the tenant qualified for RGI or the guarantor qualified the failed tenant for RGI.
As far as little old me is concerned; am I covered when I claim; answer yes.
How I arrive at that answer is if no interest to me.
A bit like a female not knowing how a car works but knows she has to turn the key and it will do what she wants it to do.
Sorry for the sexism; but how many women do you know that know how a car works!!!??
It was a useful analogy!
As an expert on the nuts and bolts of mthings you are probably correct; as for me all I want to know is will the policy pay out without question if i have a claim; to which the answer is YES!
That is all I need to know!!!

Lu Gibson

22:20 PM, 29th May 2013
About 8 years ago

Hi All, thank you for taking the time to comment on my sitution. The good news is my tenant vacated of her own free will followed a week later by her ex partner. There was no damage to the property just wear and tear. She was issued her section 8 notice then the she/guarantors managed to find another mths rent to bring it just below 2 mths. she has left owing approx £1000 of which she has said she will put the deposit towards and the guarantors are agreeing a payment plan to pay the rest. I myself will have learnt a lot from this experience. I have to say the letting agent have been brilliant and really did act as an internediary but also on my side. They liased with support workers, housing, guarantors, tenant etc keeping everyone advised on a regular basis and in black and white what was going on. ready to tackle the next tenant and to makesure I have a rental guarantee in place.

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