Total mess..
Possession - Section 8 and Section 21

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30 Posts
9 years ago
I'm new to the RLA and new to being a landlord too. I wasn't sure where to put this post but as I'm in the process of evicting my tenants, here seemed like a good place.

My story goes like this...
I was in a very fortunate position to inherit a 3 bedroom terrace house from my Father(living) who has been letting the place out on and off for twenty years.
He's always let it out on holiday lets but when the change overs became to much to manage for him, he decided to get an agent in instead. The agent quickly recommended 3 tenants that had previously shared with each other via himself so my Father agreed and AST's were signed. The agent, who works for a well known agency, issued 3 AST's to the tenants but failed to take deposits from 2 of them(the HB ones). A contract between the agent and my Father was never signed either.
Fast forward six months, the agent has left his employ and the working tenant moves out with a returned deposit. Fine. All I need to do is find another tenant right? Trouble is, the council are demanding council tax from me as the house is deemed an HMO! Even though the AST's clearly state that the tenants are responsible for the council tax. I reason with the council that, as there are only 2 tenants, the house can't possibly be an HMO right? Wrong! Nottingham county council seemed to achieved what quantum physicists have been struggling with for decades! That is, that a single object can exist in two parrallel states at the same time. It's not an HMO but 'we're sorry, you pay the council tax as it is an HMO'.
I'm slowly begining to accept that they are correct( in a legal sense but not a logical sense) so I'm now down to 2 tenants (not allowed to move a third in as this constitutes an HMO ARghhhhh!) and paying council tax, one of the tenants is 2 months behind on the rent and has some mental health issues and is missing/playing hide and seek. Rant over....

The agent( I refer to them as agents but they're incompetent coin collectors) were originally taking £100 reduced to £66 when the first tenant moved out. They've tried to get me to sign a contract after the fact but I've refused so far. I'm guessing I can sack them at anytime. I'm wondering if I can sue them for mismanaging my property. What do you guy's reckon?

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