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Rental contract and crime

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  • Rental contract and crime

    Hi,
    I have a question.
    My client has rented an home, the leaseholder has stopped his payment and the contract is automatically fixed but he refuses to return the key and my client can't enter in his home.
    Do you think his behavior is a crime?
    If yes, what a crime?
    Thanks
    Tags: None

  • #2
    I need to know more before I can help you. Is the property rented under a tenancy agreement or actually leased? Is the tenant / leaseholder still in the property or have they vacated? So far it sounds like a civil matter.

    Comment


    • #3
      Originally posted by EnglandPi View Post
      I need to know more before I can help you. Is the property rented under a tenancy agreement or actually leased? Is the tenant / leaseholder still in the property or have they vacated? So far it sounds like a civil matter.
      There is a tenancy agreement, he left home and he refuses to pay and he doesn't return the key.

      1.For sure is a civil matter, but I'd like knowing if could be a crime because I'd like writing a letter and to make him worry with a possibile criminal fact.

      I have another question.
      2.The tenant has a guarantor that would pay for him. Can guarantor ask damages to tenant as he is in bad faith?

      Last edited by Zlatan; 3rd March 2021, 09:28:AM.

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      • #4
        Would you consider the property has been abandoned?

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        • #5
          If the tenant has vacated the property and is not paying rent; the property can be legally repossessed just by gaining entry and changing the locks.

          The guarantor is jointly and severally liable for the unpaid rent and any damage that may be found in the property once the landlord has possession.

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          • #6
            Originally posted by ostell View Post
            Would you consider the property has been abandoned?
            Yes, but he doesn't to solve the agreement and his behaviour is causing a damage at the guarantor too.
            Infact in my opinion there are:
            1. a civil liability vs owner.
            2. a civil liabilyt vs guarantor (damages for misrepresentation; otherwise guarantor never would be his guarantor in the agreement)

            3. Is there a criminal fact about key?

            Comment


            • #7
              So you have a contactable guarantor. So if abandoned then take back the property and demand the shortfall in rent from the guarantor.

              Comment


              • #8
                Originally posted by ostell View Post
                So you have a contactable guarantor. So if abandoned then take back the property and demand the shortfall in rent from the guarantor.
                Yes sure.

                Can guarantor ask damages for misrepresentation?

                The Tenant has signed a contract for 4 years and he said to guarantor that he wanted to live in this home for 4 years, but suddenly, after few months, he ran away. He is in bad faith. He doesn't reply to guarantor and he said that he doesn't pay anymore, but doesn't solve his rental agreement.
                The guarantor ask to him to solve contract with owner and to free him (the guarantor) for the future, but he said no although he said that he hasn't intention to back in home.
                He had promise that he wanted to stay for 4 years but it doesn't real.
                Otherwise guarantor wouldn't have been his guarantor.
                Maybe under Misrepresentation Act 1967 he can ask damages.
                What do you think about that?
                Last edited by Zlatan; 3rd March 2021, 11:12:AM.

                Comment

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