UK Landlord Forum / Life

Looking for help and advice please. I have a big tenant issue. Where do I start!

I gave my tenant notice back in Nov 2013 with a section 21. Come Jan 2014, she refused to leave so I have applied to the courts for a possession order which was granted. The tenant was supposed to leave on May 16th but when I tried to enter the property, I found someone else living there which was her ex-husband.
To summarize my situation, she hasnt paid any rent since December (so currently 5 months in arrears), I got the police to remove her ex-husband who is not on the tenancy so is therefore tresspassing, the tenant is no where to be seen (havnt heard or seen her for months and Im convinced she has moved out). The ex-husband then went to the court, lied about his illegal eviction and took out an Injunction order against me and the judge ordered that I give him the keys back etc etc.

How can he get away with this! He is now claiming damages but he was never in the agreement which clearly states that written approval is required for anyone that wants to live there which I never got.

They owe me 5 months in rent + court costs and they are claiming damages against me! Unbelievable!

I have now spent more money on this and asked the courts to send a bailiff to evict them which can take another 4 weeks.

My court date is on the 20th of June where I have to defend this guy's claim and all the b******t he has written.

Does anyone have any advice on my rights and what I can expect from the case?

If I was in your position, I would seek legal advice and employ a solicitor to act on your behalf.

Obviously it is difficult to advise on without full and exact info but if the ex husband ever paid you rent that can be proved, this is enough to entitle the tenant rights as such.  You should have served a Section 47-48 on him and then the S21 but none the less, I think that given the complicated and potentially serious nature of the claims made against you, I wouldn't be going this alone.

Laura

Hi, thanks for your reply.

The ex-husband has never paid me any rent. Up until december, it was always the tenant but no one has paid since. The tenant claims he started living there from december but he doesnt have the consent from me. I didnt even know if he was living there or not!

I have employed a solicitor for this and we have sent the courts paperwork to object against the claims made but I wanted to find out if anyone has had any similar circumstances and what the implications are.

My solicitor claims we do have a good case but I do know that due to human rights etc, this can get quite serious.

Anyone had any similar scenarios?

Thankfully No.

Sorry.

I hope they throw the book at him!