Mr Millet
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133 Posts
I have a tenant who has written to me to say he wants to leave after 3 weeks and wants his deposit back. He viewed the property mid April and wanted to take the tenancy. I asked him to write his full name, e mail address and mobile telephone number down for me in order that I write the contract. I wrote it and met him the next day where he paid me 3 weeks rent as a deposit and 2 weeks rent in advance. The contract stated that the advance rent can only be used up at the end of the contract after the fixed term. We signed the contract (6 month AST). He moved his stuff in and I served him with a section 21 which he signed. On signing, I noticed a bank card with his name, as the name on the bankers card was different from the name he gave me, I queried this and he said he had 2 names which I found odd. I asked him to sign another contract with the name he used for banking but he said it was not necessary and refused, but I explained that if this caused problems and the contract wasn't right, I might need him to leave after 2 months so I served him with a section 21 (1)b which expired mid June. I believed that if the name he gave me was false, the contract would be invalid and a "periodic tenancy" would be assumed solely on the grounds that he lived at the property and paid rent. Is this correct, have I served the correct notice and now that this has expired, can I make an application for possession and if so, under which section? I have since found that the name he gave me for the contract he signed is fictitious and his real name is the one on his bankers card. I also lodged the deposit giving the false name he gave me, where do I stand as regards re-claiming this, do I use the false name he gave in a Court for small claims action or his real name?
