Thanks for your question.
To enable me to answer your question could you please respond to the following:-
There has been fraud on my accounts now for 4 mths, I was advised that two phones where deliverd and signed at my address and the DD changed into his name after delivery.
I travel for work and am only in London now and then.
He has a formal lease and the evidence is so far no been presented such as his signiture or voice recording only the police can access this, however there has been other incident where only the mail could have been accessed, it is under lock and key.
the phone where terminated 6 hours before he found out and hegave notice and said he was leaveing the country beforethe police arrived to take my evidence in front of him.
I own the property he is a boarder.
Yes there is a agreement but it is silent under this matter, however I have issued him a formal notice about another breach of the lease for causing damage previousy, but I didnt evict him. He gave 30 days last night but I want him out now due to the above situation. I have changed the locks and only want to grant access with the police, am I within my rights?
Does he have a tenancy agreement?
If so, is it an assured shorthold tenancy agreement?
I dont know a assured shorthold tenancy agreemeent is, its an boarder agreement between me and him.
Mr Mohammad Ali Ijaz Mirza
Property Address - the Premises:
71 Baroque Crt
Prince Regent Road
Assured Shorthold Tenancy Agreement
Mr Customer - Landlord Onsite
2 AGREEMENT TERMS
2.1 The Landlord/ Landlady agrees to let and the Boarder agrees to take the Premises for the Term at the Rent.
2.2 The Rent shall be payable in advance on the ____1st____ day of each and every month of the Term with the first of such payments to be made on the signing of this agreement.
3 BOARDER'S OBLIGATIONS
The Boarder agrees with the Landlord as follows:
To pay the Rent during the Term on the days and in the manner stated above (whether formally demanded or not) without any deduction (except where it is lawful to do so) to the Landlord or (Standing Order via Bank) or (Bank Transfer).
Cleared funds must be received by 1st of each month. If funds are not received on this day under this agreement notice is forfeit.
3.2.1 To pay for (direct to the relevant authority or supplier by payment of rent to the landlord) all gas, electricity, supplied on or to the Premises.
3.2.2 Toilet Rolls and washing up liquid, light bulbs, etc are not services under this agreement.
Sections 11-14 of the Landlord and Boarder Act 1985 (as amended) apply to the agreement. These require the Landlord to keep in repair the structure and exterior of the Premises and keep in repair and proper working order the installations in the Premises for the supply of water, gas, electricity, sanitation and for space and water heating. It is the Boarder's obligation to:
3.3.1 Advise the Landlord promptly of any defects and disrepair in or at the Premises for which the Landlord is liable;
3.3.2 Keep the interior of the Premises and the paint, wallpaper and decorations, fireplaces, glass doors, and door furniture described in the inventory in good, clean, and boarderable repair and condition fair wear and tear accepted;
3.3.4 Make good promptly all damage and breakages to the Premises and to the items listed in the Inventory that may occur during the Term that are the responsibility of the Boarder (with the exception of fair wear and tear and accidental damage by fire), and to inform the Landlord of any such work undertaken;
3.3.5 Replace promptly all broken glass with the same quality glass where the Boarder, his family or visitors caused the breakage;
3.3.6 Clean all the windows of the Premises inside at least once in every two calendar months of the Term and at the end of the Term;
3.3.7 Keep the Premises well and sufficiently aired and warmed at all times during the Term and to take all such precautions as may be reasonably necessary to prevent water pipes, sinks, WCs, and cisterns within the Premises becoming damaged by frost; and in the event of any damage being so caused by the Boarder's failure, to take such precautions to make good such damage at the Boarder's own expense;
3.3.8 Use reasonable endeavours to keep the Premises free from pests and vermin, and to advise the Landlord promptly of any infestation of insects, vermin, wet or dry rot, or of any disrepair which if continued might cause further damage to the Premises or a danger to any person;
3.3.9 Preserve the furniture, furnishings, fixtures and other items listed in the Inventory from being destroyed or damaged and not to remove them from the Premises;
3.3.10 Reimburse the Landlord, at the end of the Term, the reasonable costs of the professional washing and cleaning of any carpets, curtains, linens, bedding, upholstery and similar articles which become soiled during the Term where it is reasonable for the Landlord to incur such costs and the Landlord provides a receipt for those costs incurred. This will be a minimum of £20.
3.4 Decoration and Alterations
3.4.1 Not to make any alterations or additions to the Premises either internally or externally whether structural or otherwise.
3.4.2 Not to make any alterations or additions to or tamper or interfere with the electric, gas, or plumbing systems, installations, or meters in or serving the Premises.
3.4.3 Not to carry out any re-decoration of the Premises or any part thereof without prior written consent of the Landlord.
3.4.4 Not to do anything or omit to do anything upon the Premises which shall cause damage to or deterioration of its internal or external surfaces or to the coverings or decorations of those surfaces save that the Boarder shall be permitted to hang a reasonable number of pictures provided that they are hung using good quality Blue Tac or wall piercings or fixing devices with the consent of the Landlord, and that at the end of the Term the walls are made good to the reasonable state.
3.4.5 Not to place or exhibit any notice board or notice or sign visible from outside the Premises advertising any profession, trade, or business, or any goods or services.
3.4.6 Not to erect any television aerial, satellite dish, or radio mast, or install cable television, without the prior consent of the Landlord. In the event of consent being given any equipment must be removed at the end of the Term, if required by the Landlord, and any damage to the Premises made good at the Boarder's expense.
3.5 Security and Keys
3.5.1 The Landlord's insurance does not cover the Boarder's possessions. The Boarder is responsible for arranging insurance cover for public liability and for personal belongings and effects brought onto the Premises.
3.5.2 Not to install or change or alter any locks [or security codes] at the Premises without the Landlord's prior written consent and to provide the Landlord with a set of keys [or the new codes] immediately upon replacement.
3.5.3 Not to leave the Premises unoccupied for any period whatsoever without locking and securing all windows and doors that permit access to the Premises, and to ensure that the security alarms or other security devices are set at all appropriate times.
3.5.4 Not to leave the Premises unoccupied or vacant for any period greater than 21 days at any one time without first giving written notice to the Landlord of the intention to do so.
N.B. Failure to comply with this obligation may lead to the Landlord treating the Premises as abandoned and the tenancy at an end.
3.6 Use of the Premises
3.6.1 To use the Premises only for the purpose of a private residence in the occupation of the Boarder.
3.6.2 Not to underlet or part with possession or occupation of the Premises or any part of it, nor take in any lodger or paying guest.
3.7.3 Not to assign the Tenancy without the prior written consent of the Landlord, such consent not to be unreasonably withheld by the Landlord who may, where it is reasonable to do so as a condition of such consent, require the Boarder to enter into a Guarantee of the assignee's compliance with the Boarder's obligations for the remainder of the fixed period of this agreement.
3.6.5 Not to keep or permit to be kept on the Premises, any animal, fish, reptile, or bird [without the previous written consent of the Landlord]. Such consent may be withdrawn in the event that the animal, fish, reptile, or bird causes damage to the Premises or a nuisance or annoyance to the Landlord or to the owners or occupiers of any nearby premises]
3.6.6 Not to do, or permit to be done, in or on the Premises, any act or thing which may be or become a nuisance or annoyance (this includes any nuisance or annoyance caused by noise) or cause damage or inconvenience to the Landlord or the Boarders or occupiers of any nearby premises
3.6.8 Not to use or keep in the Premises any type of stove, heater, or lamp burning paraffin (or any type of fuel oil), nor to use, or permit to be used, any electrical apparatus or other equipment of a type or in a condition which might endanger the Premises.
3.6.9 Not to obstruct any access to the Premises.
3.6.10 Not to engage any contractor or otherwise incur expenditure on behalf of the Landlord (except in case of emergency) without the prior written approval of the Landlord.
3.7 Entry and Inspections
3.7.1 Upon being giving not less than 24 hours prior notice (except in the case of emergency when no notice shall be required), to permit the Landlord or the Landlord's contractors to enter upon the Premises at all reasonable times:
(a) To examine the state and condition of the Premises;
(b) For the purposes of repairing the Premises or carrying out any structural or other necessary repairs to [either] the Premises [or the Building] that can only be carried out by having access to the Premises;
(c) To view the Premises at reasonable hours in the day time with prospective Boarders or purchasers of the Premises.
3.8 Notice to Repair
3.9.1 Upon the Landlord giving the Boarder notice in writing specifying any repairs, re-decoration, cultivation, or other work required to be undertaken by the Boarder, and upon the Boarder failing to carry out the required works within 21 days of service of such notice, to permit the Landlord to enter upon the Premises and to carry out such repairs. The reasonable costs incurred by the Landlord in making such repairs shall be a debt due from the Boarder to the Landlord payable on demand.
3.9 The End of the Term and the Removal of the Boarder's Belongings
3.9.1 To give the Landlord reasonable prior notice if the Boarder intends to leave at the end of the fixed term of this agreement, or by not paying rent on the 1st of each month immediately terminates this agreement.
3.9.2 At the expiration or sooner determination of the Term:
(a) to deliver up to the Landlord the Premises, and the items set out in the Inventory, free from rubbish and in such order, condition, and state as shall be consistent with the due performance of the obligations of the Boarder contained in this agreement;
(b) not to remove any of the items listed in the Inventory from the Premises and to leave them in the several rooms and places as described in the Inventory or as found at the commencement of the Term; and
(c) to deliver to the Landlord all keys [and security devices or codes] for the Premises on expiry of the Term and to pay all reasonable charges incurred by the Landlord in securing the Premises against re-entry where the keys are not returned.
4 LANDLORD'S AGREEMENTS TERMS:
The Landlord agrees with the Boarder as follows:
To keep the Premises [and the Building] insured against loss or damage by fire, tempest, flood, or explosion, and such other risks as the Landlord shall consider appropriate, but for the avoidance of doubt ensuring that the Premises and the Landlord's furniture, fixtures contents and effects listed in the inventory are insured against all normal risks with a reputable insurance company at all times during the tenancy provided that there should be no liability on the Landlord:
To insure any goods or effects whatsoever of the Boarder;
4.2 Quiet Enjoyment
To permit the Boarder paying the rent under this agreement and performing and observing the various obligations on the part of the Boarder set out above, to hold the Premises peaceably without any interruption by the Landlord or any person lawfully claiming under or in trust for the Landlord.
4.3 Holding the Premises
The Landlord promises the Boarder :
5 MUTUAL AGREEMENTS
5.1.1 On the signing of this Agreement, the Boarder shall pay to the Landlord the Deposit as security for the Landlord in respect of:
(a) any rent or other payments due from the Boarder which remain unpaid;
(b) any damage to the Premises or the items listed in the Inventory for which the Boarder may be liable;
(d) any other breach by the Boarder of the Boarder's agreements and obligations under this agreement;
(f) any costs, expenses, charges, or other monies payable by the Boarder to the Landlord under this agreement; and
(g) any reasonable costs incurred by the Landlord due to any cheque of the Boarder which does not clear, or in respect of any reasonable costs incurred by the Landlord by reason of any letter being sent to the Boarder due to rent arrears, or any other breach of the Boarder's obligations under this agreement.
5.1.2 The Landlord may at any time deduct from the Deposit such sum as required in respect of the matters set out above, but the Landlord shall notify the Boarder of any such deduction.
5.1.3 If the Landlord does apply the Deposit or any part of it as authorised above. The Boarder must at the Landlord's written request pay the Landlord a further sum to restore the Deposit to the full amount stated in the Tenancy Particulars.
5.1.4 Subject to the provisions of clauses 5.1.2 above, the Landlord must return the Deposit or the balance of it to the Boarder as soon as reasonably practicable after the end of the Term. The Landlord shall notify the Boarder in writing of any deductions made under the agreement and specify the amounts deducted and the reasons for any deductions made.
5.1.5 Any interest earned on the Deposit may be retained by the Landlord.
The Deposit will not be used by the Boarder to offset any rent payable under the terms of this agreement.
Boarders will be given 1 Months notice if there are any changes to be made this agreement.
SUPER KING BED WITH DRAWER
BUILT IN WARDROBE
1 PAIR OF KEYS (Front Door & Building)
£50.00 FOR EACH KEY LOST
1 MAIN DOOR SECURITY KEY
***PLEASE NOTE THAT THERE IS NO SMOKING IN ANY ROOMS***
*Bathroom is cleaned on a regular basis to Maintain Cleanliness & Hygiene for all boarders
House formalities Acknowledgement
Boarder Signature: ______________________
I hereby acknowledge the terms within the agreement and will abide by them.
Boarder Signature: ________________________
Print Boarder Name: ________________________
EMERGENCY CONTACT _________________________
EMERGENCY No# _________________________
Landlord/Lady Signature: ________________________
Print Landlord/lady Name: _________________________
Thank you and enjoy your stay
Thanks for your reply.
You will see that it is titled an assured shorthold tenancy agreement. Generally, it is also in the form of an assured shorthold tenancy agreement, so I think we can assume it is. There are only very specific ways in which you can serve notice on the tenant to regain possession in ASTs and you must serve them notice first and then apply for an order for possession of the property by making an applcation to Court.
Based on this then simply changing the locks when he you suspect him of a crime is an illegal conviction.
If he were convicted then you could serve a s8 Housing Act 1988 ground 14 notice on him requiring possession. In this case you would be able to start court proceeedings for an order for possession as soon as you have issued the notice, so if he is convicted then this is something you should look in to with a local solicitor.
There is another ground of whereby you can serve notice if the person has broken an obligation of the lease. I cannot see that he has, although if there was a clause stating to "only use the premises in a tenant-like manner" or " not to use the property for any immoral or illegal purposes" then you could attempt to gain possession under this ground but it is usually used together with one of the other traditional grounds (eg. Non-payment of rent).
As it stands what you have done is - though understandable - probably an illegal eviction for which he could conceivably sue. However, if he is guilty then I should imagine he will just vacate or, if not, will not sue you for an illegal eviction because he is to leave the country.
Sorry it could not be better news.
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I would just add I live in the property to and I served the following on te 4th June which was intitled - Lease Breach & Final Warning
I have just slipped and fallen over in the bathroom as there was water all over the floor and you have not reported this to me. If I injury myself and am unable to work, I will loose my income so consideration of others using shared facilities is paramount in our arrangement. We have discussed this verbally a number of times and its now time to put this in writing as our discussions have had no impact or changed your behaviour. The water has now under the flooring from repeated exposure, although you are not liable for these costs, it is not considered normal wear and tear as you are taking actions to damage the property, through carelessness.
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