I have a flat which was rented out to a couple a few years ago. The couple have split but still remain together. Not long after, the lady requested that a new agreement be drafted and her maiden name be used. Then nearly a year ago she asked to be removed from the tenancy agreement so it’s now solely in her exs name. I believe she still lives there though and, now I’m in discussions with her ex (the sole tenant on the agreement) for him to vacate at the end of his agreement. Last day was a Thursday but I offered to let him stay there until the Sunday as it’s a weekend and easier to move then. I’ve arranged for a painter to come on the Sunday evening and he’s going to be staying over for a few nights to get the apartment fully painted. When she heard the painter was coming Sunday night she’s kicked off saying you agreed with ex that he could have the place until Sunday under no circumstances can the painter stay Sunday night. I said the three day extension was a good will gesture to makes things easier, but if your ex says he wants the place till 23:59:59 so be it, but I want it empty by 00:00:01
My question is, if a person who isn’t on the tenancy agreement is still in the apartment after the tenancy runs out, are they trespassing and therefore would the police arrest/evict them?
Firstly, how did you remove her from the tenancy? Did they sign a joint surrender of the tenancy and you then draw up a new agreement in his name? If not then she may still be a tenant.
What makes you think the tenant(s) have to leave on Sunday just because the fixed term ends? Frankly, if they are willing to then I think you’re incredibly lucky and you should do absolutely nothing to put that position at risk. You had better get a note signed by the tenant to say they are leaving though.The reality is that a periodic tenancy will arise if they don’t move out and the only way you can legally evict them is to serve a 6 month notice and if they still don’t move it will take you about 18 months to evict them through the courts.
She asked to be removed so we paid the agency to draft up a new contract to have her removed from the tenancy agreement and the ex to be the only tenant at the property.
The ex has advised that he doesn’t want to renew the tenancy once it comes to an end on Sunday (he’s extended by 1 month already to get past the worst of Covid). We’ve agreed for him to move out on the Sunday so expect to do the key swap/inspection/meter reading then; at the moment I have no reason to think he won’t.
Did the agency help you end the previous tenancy as well as getting the new one signed? This is important. Her rights after Sunday may depend on whether the tenancy that she was a part of ended properly.
Did the current tenant serve notice or has he just agreed to leave? Is this currently a periodic tenancy?
I think what David is getting towards is the need for proper legal advice on the situation. I’d say nothing more until your legal position is clearly defined. A few quid spent now could help avoid a heap of trouble & losses later.
Or you could try to find out when the place is to be fully vacated, it might be just a knee jerk reaction that only needs a few hours extra to resolve.
My question would be to a lawyer, is she squatting after he’s gone or not? Squatting in residential premises has serious consequences. But until you get proper, well informed advice on your specific situation, its impossible to say.
The tenant can just stay there on a rolling contract as long as he wants really now. U cant evict him well u can try but now serving notice is a 6 month notice because of covid and like the previous reply said he can string it out if he wants if u be awkward with him about painting etc… u shusnt really arrange anything while a tenant is in a property as its classed as harassment. So either wait until he actually move Sall his stuff out etc or it would have to be done around the tenant. But as for a painter staying over I think that’s a no hoper and a liberty tbh
How’s it a liberty? At some point on the Sunday we’ll exchange keys and the tenant has moved out. Painter stays Sunday evening after exchange. Tenant wouldn’t be in apartment. Who in their right mind would tell a tenant, ‘oh I’m getting the flat painted, make up the sofa or spare room as painter is staying with you’
The tenant doesn’t want to extend, when I say I’m in discussions with him to leave he has given me two months notice that he no longer wants the apartment so I’m working with him on a date/time to vacate.
How? Because if the tenant decides he aint got nowhere go yet or needs more time etc then ur arranging for some painter stay over the same day lol…really…it isn’t just me saying ur doing the wrong thing is it? But ur battle if it goes belly up… surely it would be easiest wait and see if the tenant Cruelly move sout and get painters in a day or so later no??
Plus it sounds to me like the woman Is gonna stay in the place even if her ex moves out on the Sunday irrelevant of what he does or says and then u have no chance of anyone entering the property until she decides leave or u try take her court etc which will be at least 6 months from now a su cant evict anyone under the new covid law for 6 months at least and then u have to get in court etc and sort bailiffs etc etc… id say the easiest way round the situation would be to see if the boyfriend actually moves out firstly and if she does stay it would benefit u if u helped her find somewhere easier by paying her to move out…or risk lost rent for a year or so… take the gamble lol
