Tenant overstaying contract

[Rambo_098]

Somebody is renting out a property from a housing letting company and they declined to renew their contract due to payment issues . They have not left and are continuing to live there. As they will not be classed as squatters, does anyone have any ideas what to do next as we have other people wanting to rent the property.

[stevemLS]

Re: Tenant overstaying contract

The only thing you can do is apply to the court for an eviction order.

[Rambo_098]

Re: Tenant overstaying contract

Is there anything you can do if you don't have power of attorney to the person who's house it ?

[stevemLS]

Re: Tenant overstaying contract

I don't think you will need a POA, you said in post 1 that the house was rented from a "house letting company", does this company manage houses on behalf of absentee landlords?

Whose name is on the tenancy agreement?

[Rambo_098]

Re: Tenant overstaying contract

It's on behalf of a person who is not compus mentos ( not sure how you spell it !! )

[stevemLS]

Re: Tenant overstaying contract

Who is the incapacitated person, the landlord or the tenant? Have they always lacked capacity or is it something that has developed and if so, before or after the tenancy agreement was made?

Whose names are on the tenancy agreement?

[Rambo_098]

Re: Tenant overstaying contract

It's on behalf of a person who is not compus mentos ( not sure how you spell it !! )

Basically the person who had power of attorney passed away and they were dealing with the letting agency . The name on the tenancy agreement is of the person who is not compus mentos but was signed by POA ! At the moment they are going through and trying to get power of attorney signed over but it is proving time consuming and difficult as the sole POA passed on !

[stevemLS]

Re: Tenant overstaying contract

If they now lack capacity it will not be possible to execute a new POA, the only option would be to apply to the Court of Protection for appointment of a Deputy.

In terms of this litigation, however, that would not be necessary, they are a "protected person" for litigation purposes and the Court can allow anyone to act as a "litigation friend" that they are satisfied is competent to conduct the matter, either in person or by instructing a lawyer.

It is probably in your friends best interests to have a CoP appointed deputy in any event if their condition is unlikely to improve - it is quite a time consuming process as well as being expensive.

[Pascal]

Council Tennant refusing to vacate my property

Hi all, I desperately need help.
I gave my property to the local council estate agent section and the contract expired on the 27th of this month (April 2015). I gave them 2 months notice in February that I will not be renewing the contract.
They promised to return the key back to me but they have now started messing me about.
According to the tenant, they put in my property, she said "They found her three properties but when she accepted the 3rd property on the list, they discovered that she is no longer entitled to reside and claim benefits in two bedroom apartment anymore, as she has no dependant anymore." They now decided to put her back in my 2-bedroom property, as she is not entitled to claim housing benefits in the new property. Is this a deliberate Fraud? Also the tenant told me that they promised her, that she is not going any where and that she can still resides in my property for 6 months regardless. I wrote to the council about my findings and copied the email to 4 managers in the department, but it has gone two weeks now and no response back yet. I know I have the correct email addresses because they communicated with me via the email, few days prior, about how sorry they are and how they are trying to evict the tenant, which from my finding were all lies.
I need my property back, I am in so much debt, I need to pay for my child fees and I need to sell. If I don’t sell, I may go bankrupt and be in negative equity.
I also found out from the neighbours that the tenants spends most of her time away from the property and stays with her mum. What are the best way and the cheapest away to evict this type of tenant? Please help!

[Crazy council]

Re: Tenant overstaying contract

Hi Pascal

If the the local council estates and management dept, and the local council ( or direct agent of council ) are renting it out for you, do they have any hold over the property, ie, did they do any repairs or maintained

Is there a reason why its a problem giving them further rime to re-house the tenant.. ?

[Pascal]

Re: Tenant overstaying contract

Hi Pascal

If the the local council estates and management dept, and the local council ( or direct agent of council ) are renting it out for you, do they have any hold over the property, ie, did they do any repairs or maintained

Is there a reason why its a problem giving them further rime to re-house the tenant.. ?

I do al the repairs and pay for all maintenance of the property myself. They have no hold, the contact expired on the 27th of April and I gave them 2 months notice that I want my property back from them.

[nemesis45]

Re: Tenant overstaying contract

Put a complaint in to the CEO of the local authority, dealing
with the lower echelons of local authorities is like pulling
teeth one answers often contradicts another.
If the council wishes the "tenant" to remain in the property
then is should guarantee the rent or pay it.

nem

[Pascal]

Re: Tenant overstaying contract

Hi Pascal

If the the local council estates and management dept, and the local council ( or direct agent of council ) are renting it out for you, do they have any hold over the property, ie, did they do any repairs or maintained

Is there a reason why its a problem giving them further rime to re-house the tenant.. ?

The fact that the tenant is no more entitled to claim in two bedroom and resides in two bedroom property anymore plus there are not many 1 bedroom property in the borough, therefore the tenant would be better off being put in a temporary hotel/hostel and not to affect my life over something that is not definite.

- - - Updated - - -

Put a complaint in to the CEO of the local authority, dealing
with the lower echelons of local authorities is like pulling
teeth one answers often contradicts another.
If the council wishes the "tenant" to remain in the property
then is should guarantee the rent or pay it.

nem

They will guarantee the rent but I am in other debts and if these debts are charged on my property, I will be in negative equity or I may have to go bankrupt, so time is of the essence for me.

[Crazy council]

Re: Tenant overstaying contract

The fact that the tenant is no more entitled to claim in two bedroom and resides in two bedroom property anymore plus there are not many 1 bedroom property in the borough, therefore the tenant would be better off being put in a temporary hotel/hostel and not to affect my life over something that is not definite.

- - - Updated - - -


They will guarantee the rent but I am in other debts and if these debts are charged on my property, I will be in negative equity or I may have to go bankrupt, so time is of the essence for me.

understood, perhaps if you start a thread about any debt, the other can help. in relation to this tenant .. Whats the rush ?. i ask that for a reason.

- - - Updated - - -

The fact that the tenant is no more entitled to claim in two bedroom and resides in two bedroom property anymore plus there are not many 1 bedroom property in the borough, therefore the tenant would be better off being put in a temporary hotel/hostel and not to affect my life over something that is not definite.

Does the tenant deserve that, or should you wait untill they have re-housed her.

[nemesis45]

Re: Tenant overstaying contract

The fact that the tenant is no more entitled to claim in two bedroom and resides in two bedroom property anymore plus there are not many 1 bedroom property in the borough, therefore the tenant would be better off being put in a temporary hotel/hostel and not to affect my life over something that is not definite.

- - - Updated - - -


They will guarantee the rent but I am in other debts and if these debts are charged on my property, I will be in negative equity or I may have to go bankrupt, so time is of the essence for me.

Get the complaint in to the CEO of the LA asap emphasise the urgency and the
consequences of the councils actions/inactions.

nem