Would appreciate any help as we have never been landlords before. Our tenant has asked for her tenancy to end at the end of the month (which we have accepted). She pops to the property occasionally. Her ex partner is still there ( not on tenancy). We have given him till the end of the month to leave but he is not replying to our messages and we think he is going to be very awkward about leaving. If he doesn’t go on the set date, will he be a trespasser? Can we get him to leave without going through the court? Thanks in advance
Sounds to me like it. If not on tenancy and original Tenant has left. (Or will be) Can you tell your actual Tenant that he should not be there and what’s going on?
As I have found out to my cost anyone living in the property has rights whether they are on the tenancy or not.
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She knows what’s going on but their relationship has ended and says she’s getting info via his family. It’s very difficult because they are both shady characters and we don’t know who to believe
Tenant has to give you vacant possession. If she hasn’t done so my take is she is still liable for rent and any other outgoings under her tenancy agreement with you. You can’t give the ex (him) Notice because you have no contract with him (be careful you are not implying a contract by what you say to him). Just deal with your tenant. That is who your contract is with.
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Thanks everyone for your help
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Unfortunately, I believe focusfocus and Alan are right. You may have to inform your actual tenant that you may be left with no choice but to commence court proceeding for breach of contract (vacant possession) by the sound of things. Saying that, getting her to pay costs/damages afterwards is a whole new level of mess you don’t want. I think that in reality you rarely get a net gain from going to court (time, anxiety, effort and costs versus getting and collecting compensation). The only winners are solicitors.You might have to get a ‘friend’ to have a ‘friendly’ word with him.
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