How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am the owner/landlord of a house in Bourne, lincolnshire,

Customer Question

I am the owner/landlord of a house in Bourne, lincolnshire, which i have let, via a letting agent, to a couple with 2 children. Unfortunately, I am informed, by the agent that the couple have split up, the male partner has left the house and is refusing tp pay the rent. The female partner, with the children is still residing at the house and, although an early release from the contract was requested, by the male partner and was granted by myself, she refuses to sign it and says she has no intention of leaving the property. The male partner has now even refused to honor the payment as stated in the release agreement, in the contract.
would like advice on actions i should take.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you in the UK?
Is this an AST?
Customer: replied 1 year ago.

I am currently living in Indonesia.

What is AST?

Expert:  Jo C. replied 1 year ago.
An assured shorthold tenancy agreement?
Customer: replied 1 year ago.

Yes

Expert:  Jo C. replied 1 year ago.
It is between you and the tenants directly or between them and your agents?
Customer: replied 1 year ago.

The letting agents have told me that any legal dispute is between myself and the tenant. They manage rent collection, periodic house checks and any maintenance work.

Expert:  Jo C. replied 1 year ago.
Ok.
Did you have an address in the UK? Normally ASTs demand a UK address.
Are you returning to the UK?
Customer: replied 1 year ago.

The letting agent is aware the I am living overseas. I also have another property, in the UK, which is let.

I have no immediate plan to return to the UK.

Customer: replied 1 year ago.

I have, subsequently, spoken with the letting, who say that approximately 30% of their client landlords are working overseas and letting properties on AST's and they are not aware of any lae that says the landlord should be living in the UK. However, they will check with their soliciter. Assuming it's OK, can you advise on legal procedure i should persue.

Expert:  Jo C. replied 1 year ago.
No, you don't have to be living in the UK. You just have to have a Uk address.
I'm going to pass you onto our property specialist as that point is probably his remit.
I think he is offline now but I'm sure he will be on soon
Customer: replied 1 year ago.

Ok, thanks.

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did the tenancy start? How long was it for? Is the rent being paid?
Alex
Customer: replied 1 year ago.

The tenancy started in december, it was for 12 months. The first 2 months rent were paid, then the couple split up and now they are refusing to pay. The male partner has left the property, the female partner, and the 2 children are still at the property and refuse to leave.

Expert:  Ash replied 1 year ago.
What you need to do is get a Court order.
A notice of breach (called a Section 8) needs to be served saying they are in breach. If the breach is not remedied then you can apply for possession.
This can be done online at:
https://www.possessionclaim.gov.uk/pcol/
Once that happens then you will get an Order for possession. Once you have an Order for possession then you can apply for a warrant of eviction.
But you must get a Court order before eviction.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

OK, thanks, ***** ***** proceed as advised. Should i need further advice, I will contact you.

Expert:  Ash replied 1 year ago.
Great. If this does answer your question can I ask you to rate my answer before you go please.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice