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Short payment of 1st months rent

Started by John oliver, August 19, 2019, 02:05:18 PM

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John oliver

We have an annexe which has a separate entrance but shared utilities that we let, without a lease, from time to time. A mother and daughter applied for the accommodation telling us the mother had been recently widowed and wanted to move to the area from Oxford to be closer to her grandchildren - together with what turned out to be a lot of other untruths.
As they were wanting to move in straight away, we took a deposit against damage and a reduced payment to cover the remainder of that month.
The 1st months payment was due on the 28th of the month and we asked for a standing order to be set up for the 28th of each month following.
Needless to say, this didn't happen and despite many requests, we were only able to get part payment for that 1st full months rent. Numerous promises and deadlines came and went and the balance was not paid. At this point, I explained their part payment covered them until the 15th of the month, at which point I wanted my keys back.
In the event, only the mother moved in together with a man who is completely unknown to us and who certainly is not there with our consent.
They have not left the flat and seemingly have no plans to do so.
We have kept the many emails that demonstrate their dishonesty.
Can you offer any advise to a gullible OAP ?
John

Simon Pambin

Unfortunately, if the flat is self-contained - i.e. you're not sharing kitchen, bathroom etc for example, then you've effectively granted them an Assured Shorthold Tenancy (AST).

You can end an AST after a minimum of six months using a Section 21 application, provided you've complied with certain legal requirements e.g. protecting the deposit (if any) and providing a gas safety certificate (where relevant), energy performance certificate and copy of the Government's How to Rent guide.

The other option is a Section 8 eviction https://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/ on the grounds of non-payment of rent.

Alternatively, you might consider just paying them to surrender the tenancy - but make sure they do so in writing and have definitely left before you hand over any money!