Hi I have just issued my tenant with a section 8 as I found out he has been using the property as a trade address for 3 businesses despite me asking him not to. The AST has this as a clause too, I have a mortgage which only covers a residential but to let and my insurance too. Has anyone had any luck evicting on this basis
Id use s21 iiwy as the s8 ground you wilm have used is discretionary and unlikely to get you possession.
I have issued both as he has a ast until July, the issue is my mortgage is a residential let only and it will cause me issues when I go to remortgage in Feb. The tenancy agreement definitely states that he has to get written permission and he has a building company, freight company and transport company set up all three with the address on each website as trading address
Ok, well the s21 is redundant then as they only last 6 months from date of service. You would need to make the case to the judge if he makes you go to court, but you would need evidence that this is a breach of mortgage conditions and that you would not be able to get any btl mortgage with the current situation.
For future reference, only give 6 month tenancy terms.
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Hi David, thanks for your help what did you mean about the S21 only lasting 6 months? I served the S21 this week too so I served both at the same time.
A s21 notice cant expire within the fixed term, so it would only be valid if youd dated the expiry for July when the fixed term has ended. However that would make it longer than the 6 month shelf-life of a s21 notice.
Evicting a tenant is not a straightforward event, so as I said earlier, I would suggest you take advice before applying to the courts.
Thank you makes sense, I will follow through on the section 8 and then issue a s21 in January to time it with the end of the fixed ast in July, luckily I have legal advice with my insurance so they said when it get to the point of possession orders they can step in and help
Not sure that using the property as a company address will really cause a problem. Normally mortgage and insurance are concerned with activity happening at the address, eg clients or materials going in and out, the property being used for processes like manufacturing or cleaning or cooking. In your tenants case the activity will happen elsewhere - unless he is using the property to receive building materials (is he?). Therefore, you might not be being reasonable here, because the property may actually only being used as a residence. I would check with the finance companies , or (perhaps better) your broker, as to whether this is really an issue.
Having said that, if you put that he’s not allowed to use it as a company address in your tenancy agreement, you are within your rights. If you are really worried that the admins at the finance companies will raise a fuss, you may also want to file a notification that the addresses are no longer correct with Companies House once your tenant has left, so they don’t remain on file. (this will take them a while).
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Hi Alex
The issue is he is storing materials as he is a builder and has a transport and freight company so business cars would also be insured on the address. His company shows he has 300+ employees so must have all the insurances and liabilities all using the address too.
I think if he had asked permission then we could have come to some sort of agreement but he’s done it and now refuses to change anything.
Also as a follow up he shared with me a tenancy agreement he has created, used my husband and my signature, we had to report this to action fraud. He however created a Scottish agreement when the property is on the outskirts in London
If he is simply working from home with a “home” office so long as he does not use more than 15% of the floorspace for his office he should be OK BUT
If he stores building materials etc at the premises or has clients come to the premises hat is another matter.
It not only affects you insurance but also he maybe should be paying business rates rather than council tax
If is also possible that the premises are not business premises and he is illegally operating a business from a domestic address.
If you knowingly you allow this to continue you may be regarded as enabling this so it essential you take action .
I would consult a solicitor and begin with solicitors letter asking him to desist from operating a business from the premises.
And making clear that if he does not fully comply before DATE
- you will take court action to evict him
- you will take separate action against his companies for compensation for operating their businesses on your premises without your permission .
You will consult with the local council about any payments due for operating the premises as a business rather than solely domestic premises .
You will contact companies house to ensure your properties address is not used for the registration of any limited company operating from that address - and inform them that any such companies are acting illegally .
BUT that is just what I would ask a solicitor to consider but do take legal advice rather than relying on me or this forum.
YOu need to get it right
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