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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2465
Experience:  Over 5 years in practice.
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Our property has been let for twelve months through a

Customer Question

Our property has been let for twelve months through a managed letting agency in April, 2018.
The initial inspection, after only two and a half months, July 26, by myself and the agent? (The tenant was away but had given consent ), showed that the property was in a very poor state. Not only was it filthy but there has been damage to newly plastered walls, newly refurbished wooden floors and door frames. There were also large stains on the practically brand new carpet.I was horrified. It is a three storey town house in Cheltenham. Furthermore , it was furnished with only two beds in the whole of the property. Lots of photographic equipment in the master bedroom. No bed. Lots of rubbish in large plastic bags in most of the rooms. All the curtains were closed. I had observed that curtains were closed some weeks prior to the house check as I drove past the house.It is clear that the tenant is not taking care of my property. And with no furniture in the house I do not believe that it is being used for residential purposes.As a result of this visit I looked into the tenant. I found out that he was committed for fraud last year, has a suspended jail sentence and received a fine. He had businesses which he dissolved in December, 2017. Presumably relating to the fraud. But this was stated on his application to the agency for my house. His website declares that he has had a life of crime but changed when he realised he has speacial healing powers. He was
In local and national papers regarding his fraudulent claim
To cure cancer over the Internet.It also tramspires that the only check carried out on the tenant was a financial check through Homelet. Here the tenant states his last address to be a hotel
In Los Cristianos, It appears that Homelet did not verify this. Also the news papers stated that his address was in Cheltenham.I feel that my agent should have carried out a more thorough check on this person. He is clearly not the type of person I would want to be in my house. His business addresses were also in Bulgaria and he seems to be still
Running these enterprises.I believe that the tenant has broken the terms of the lease due to causing deterioration of my newly refurbished three storey 4/5 bedroom house.Having recently checked out my son and six other students in Bristol, his place was in better condition and there had been
No damage.My estate agent is saying that we need to issue the tenant with a two week notice to improve. And then if things haven't done so , we can issue a section 8. He feels that we need to be seen to be reasonable.My concern is that with the damage done in just over 2 months , the longer he is left in the house it could deteriorate further.It is our only property. We live in Dubai and felt it was necessary to let the house out as we do not know many people in the area who could look after it on our behalf.We had bought the property in May 2016 as we had sold our house in scotland and my husband had lost his job in Perth, Australia. It was a huge renovation job completed by myself as my husband gained new employment shortly after its purchase.I can not believe how exposed my agent has left us.Could you please offer advice as to the way forward.
Submitted: 6 months ago.
Category: Property Law
Expert:  Nicola-mod replied 6 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 6 months ago.
I can wait a little longer for an answer
Expert:  Nicola-mod replied 6 months ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 6 months ago.

What is if you want to achieve?

Customer: replied 6 months ago.
I would like to remove the tenant from my house
Expert:  Jamie-Law replied 6 months ago.

Just to be clear, you are not a live in Landlord?

Customer: replied 6 months ago.
I am a live landlord. Although I have a management Letting agency looking after the property in Cheltenham as I am living in Dubai, for the time being.The agent, I feel has not protected me, from the type of individual I have in my house.So there are two points :1 Can I issue my tenant with a section 8 to evict him from the house. He has broken the terms of the tenancy. Mainly in the damage to the property and general deplorable state of the house within three short months.At least that is easier to prove. I believe that he is also running some sort of disreputable business from the house. Any business is clearly against the agreement, but I recognise might be difficult to prove. He is also not using the premises for normal residential / domestic use. Again more difficult to prove.Secondly , I believe that my agent has not demonstrated his duty of care with regard to the tenant. An insufficient securtity check through Homelet only checked finances. The previous address not verified and no personal check.The tenant declared himself to be self employed and gave an overseas address as his last address.After I had checked the house a brief 'google' revealed the tenant to have just received a criminal conviction for fraud, a suspended jail sentence and a fine. The tenant's website shows him to have had a 'life of crime,'. A brief check with Company House shows that he dissolved the businesses in December 2017. The business address given was Bulgaria. All of this should have ring alarm bells
Expert:  Jamie-Law replied 6 months ago.

If you are a live in landlord then the tenant can not have an AST?

Customer: replied 6 months ago.
Sorry. Misunderstood. I am not a live in landlord.
Expert:  Jamie-Law replied 6 months ago.

So you are NOT a live in Landlord.

I am not sure what you want to achieve though?

Customer: replied 6 months ago.
As explained I'd like to give the tenant notice to quit the property. I want to know if this is possible, legally. My agent says that we should give the tenant two weeks to put things right to be seen to be fair.I believe that tenant is not a desirable character, and worry that he will destroy my house by the end of the tenancy, if given the opportunity .
Expert:  Jamie-Law replied 6 months ago.

The tenant has breached the tenancy obligations, yes?