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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years 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 2 years ago.

I am currently living in Indonesia.

What is AST?

Expert:  Jo C. replied 2 years ago.
An assured shorthold tenancy agreement?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
It is between you and the tenants directly or between them and your agents?
Customer: replied 2 years 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 2 years ago.
Ok.
Did you have an address in the UK? Normally ASTs demand a UK address.
Are you returning to the UK?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years ago.

Ok, thanks.

Expert:  Ash replied 2 years 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 2 years 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 2 years 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 2 years ago.

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

Expert:  Ash replied 2 years 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 2 years 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.
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