Tenancy Fraud and Possession

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John F
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On 9/1/13 I obtained a 14 day Possession order against my sole tenant, Steven Brown.

On 23rd February 2012, at the start of the Tenancy, Steven Brown advised me by email that he had set up a rent payment standing order, these payments were always referenced "Jonathon Paul Hay(or Hayes) rent 1705 Jefferson", or similar, and all came from the same Nationwide account. It is not unusual for rent payments to come from a third party, for example an employer or relative, so we did not think anything of it at the time.

After I started Possession proceedings I found out my tenant had a taken in lodger or similar, without my permission. This chaps name was John Hayes, so it appears that the Tenancy may have been a fraud from day 1.

on 2/1/13 this John Hayes contacted me by email and said he was going to help Steven Brown pay off the arrears, by paying his half share. I emailed him back telling him that he had no legal status in the Tenancy and that Steven Brown was in breach of his tenancy agreement by allowing him to stay at the property and that Steven brown was the sole Tenant and soley responsible for the arrears.

Since then two payments of 400 have been made on 4/1 and 11/1, with the same Nationwide account as all payments from the start of the tenancy, and this John Hayes has advised me by email that he has made the payments, but I have not replied. Steven Brown also requested a meeting for the three of us to "Discuss the way forward", which I declined.

Steven Brown should have left today and has not, so I will be instructing Court Bailiffs tomorrow.

Please advise what you think the best way to proceed with this John Hayes is, to avoid any confusion when the Bailiffs arrive. I am worried they are trying to usurp the eviction process in some way.

Thank you in anticipation.

John Frazer

23/01/2013 00:00

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