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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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We should be on our way to Spain, but we are not because our

Customer Question

We should be on our way to Spain, but we are not because our neighbour of 6 years have breach the now none existed contract.

Our neighbour Mr Khan came and begged us to let him rent our property for a period of 6 month Following the sale of his house. We turn down 2 very good potential tenants in favour of helping our friend. Due to our rush to remove our goods, we gave him a signed contract and asked him to give us a copy the day before both our big move.

On the day of our move out of the house, Mr khan move his items into our house. We left him in the house and place our goods in the storage company. We returned to get the contract and monies, and he refused to pay the deposit and hand us a copy of the contract.

We are now extremely worried as he refuse to pay the bills, water, gas and council tax stating we have no copy of the contract.

the major problem; we should be in Spain signing our contract, but we cannot move because he have our cats and may sell our furnishing along with his own. He claims he intend to move to Pakistan in 3 weeks therefore he can do has he please.

What should we do to protect our cats and furnishing.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is this an assured shorthold tenancy please?
Customer: replied 3 years ago.
For Jo C.

Hi Jo,

This would have been an assured short hold tenancy.
Expert:  Jo C. replied 3 years ago.
Thanks.

Is he living in this house now?
Customer: replied 3 years ago.
Yes, mr khan is currently living in the house.
Expert:  Jo C. replied 3 years ago.
Thanks.

I cannot give you any good news really. Ultimately this is an AST and even though he is undeserving of the protection of the law, he is a tenant nonetheless.

Normally you would issue a S21 and S8 notice bringing the tenancy to an end and seeking a possession order. I'm not sure its worth it though if he's leaving in 3 weeks anyway.

You could always serve a S8 notice citing grounds 10 and 11 which cover rent arrears. Also you could rely on ground 15 which covers deterioration of the property because of his neglect of the furniture.

A S8 notice requires 14 days before you can act at court.

Also, if he does remove anything you could report the matter to the police as that is just simple theft.

Hope this helps. Please let me know if you need more information.


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