Evicting a tenant - not a standard situation

[4lf4-155]

After some advice please.

Situation is:

Property owned in joint names where husband and wife were going through a divorce

Husband set fire to the house (police investigated but insufficient evidence)

Wife and children moved out

Husband let the property to immigrants who signed lease - wife not aware until after the event
Wife awarded house by family court

Wife here's from other family members that husband has given notice to tenants who will leave the property at the end of march

Wife goes to property finds it's occupied by new tenants and is given copy of the lease they signed which is dated 3 days prior to the court awarding her the property - court order also states that any rental income is due to her

She provides details of court order to new tenants and asks them to leave within 1 month to which they agree.

She doesn't ask them for rent to cover this period and states that they shouldn't give rent to anyone again they agree

Wife visits property today and tenant says they gave cash rent to husbands friend and have refused to move out (husbands friend acting for husband because restraining order in place,preventing him from visiting house for 5 years)

New tenants are 1 month in to a 6 month AST signed by husband - what are her options to getting them evicted?

She need property back so insurance company can go in and repair the fire damage and then she can sell property

As you have probably guessed she has paid the mortgage for the 8 months this has been going on for with no,assistance from him - he's pocketed the rent monies and not paid a penny to her or the children

Thanks all

[BoRED S2upid]

Back to the courts.

What a mess that lot is.

[surveyor]

Not a standard situation. Lawyer required I suggest.

[4lf4-155]

Thanks for the replies

Insurance company paid her some funds to cover legal costs after the fire and she put someone on a retainer but most of that has been used and she's short of cash now.

Any idea of rough costs and timeframe - appreciate it's hard to say but are we talking £1k or £10k?

[Wings]

4lf4-155 said:

Thanks for the replies

Insurance company paid her some funds to cover legal costs after the fire and she put someone on a retainer but most of that has been used and she's short of cash now.

Any idea of rough costs and timeframe - appreciate it's hard to say but are we talking £1k or £10k?

Go and do a financial deal with tenant/s, out in two months and i will pay you £xxx's, out in one month and I will pay you £xxxxx's., cheaper and quicker than courts, legal route.

[Chrisgr31]

If it's fire damaged how come the tenants are in it? I'd be inclined to leave tenants in it, but collect rent from them. Then do the works at the end of the tenancy. At least that gives a source of income and avoids additional expenditure.

Alternatively could works be done whilst tenants are in place? Might be that they would become long term tenants which might be a win win?

[voyds9]

If enough fire damage what about reporting to council (?housing officer) they might declare it unfit for habitation and force tenants out.

[User33678888]

Asking for a friend?

[zedstar]

If ive read this right then the rent is to be paid to the wife?

In that case if the husbands friend has picked up the rent then the first thing I'd be doing is reporting fraud/theft to the police.

Then I'd see a lawyer and get them evicted. Might take a couple of months, serving the corr ct notice and a county court visit but she'll get there.

[4lf4-155]

Thanks all

Police were called by the tennant who didn't believe the story - police officer shown court documents - he knew case because he attended the fire and arrested husband - told the tenants the docs were genuine but stated it was a civil matter and had no interest in pursuing husband and or friend for fraud unfortunately

Lawyer will be engaged Monday apparently as will council as it's not habitable - police officer suggested this as well - there's a total of 10 people in a 3 bed house one of whom is pregnant and due this week (hence why she gave them a rent free period and time to find a new place

Interesting idea about not evicting and repairing with tenants in who would then become permenant - hadn't thought of that ideally she wants to sell and move away rather then rent it but it could be a solution in the short term.