Hi, I currently have a tenant in my property who won’t move out? It was a joint tenancy and one of the tenants handed in their notice to end the tenancy and was given there 2 months. However the other tenant was told by myself that she would also need to leave within the next two months as I didn’t want to keep her on as a tenant. She’s now refusing to move and has now done 3 months in rent arrays and will not give me possession over the house. She is not currently living in it. She has another property rented by another landlord off this site who I am trying to get in contact with and I am currently started down the procedure of taking her to court. Can anyone help with this issue and where I stand about trying to get into the house as she keeps refusing every time I book something in.
She is a trespasser as her tenancy ended on expiry of the notice. However, you cant just change the locks. No rent is due, so hopefully you have not demanded it in writing, as this may create a new tenancy. You can demand a daily charge at double the former full rent, but this is mesne profits, not rent and you must demand it in arrears. You must do nothing that suggests you accept her staying there. You should have applied immediately for a court order once the tenancy ended. I’m not sure why you left it 3 months. Do it now. If this is all too much for you, get some help from a landlord association or pay an eviction specialist.
She kept saying she was leaving and I’m already in £3000 with a solicitor as I have started the process of eviction, however she has explained that due to the section 21 ending the courts are 4 months behind, so could be a long and expensive journey.
If other tenant ended a joint tenancy by giving you a valid notice she has no rights if the 2 month notice has expired. Theres no tenancy so no further rent due dont ask for it or it creates a new tenancy.
If she isnt actually living there, and you can show that , it’s not her residence and she is trespassing, you need to evict her as a trespasser just the same as if she was a squatter. If shes not actually living there and you dont use force to remove her I “think” you can chsnge the locks while she is temporarily absent but get legal advice. As she has no right to be there it cant be an illegal eviction. Advice below. Tbh sounds like your solicitor is fleecing you and getting you to go through an unnecessary legal court order and eviction process. Ask them why its needed given tenant has left and get some alternative advice inc from your LL association and a different eviction specialist
You then have to put her possessions in storage and either arrange to dispose of (after a month) or give her opportunity to collect. See the dsvid smith video on abandonment
Source: YouTube https://share.google/MlOCmIBiQunavYZ5u
Best
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Locking out a true trespasser who has temporarily stepped outside your property is generally legal, but locking out someone with a legal right to occupy—such as a tenant or a licensee—is a criminal offence known as illegal eviction. [1, 2]
The Legal Distinction
- True Trespassers: If an unauthorized person or squatter has never had permission to live in your property and they step outside, securing the doors to prevent re-entry is generally permitted. [1]
- Tenants or Licensees: If the person was ever invited, paid rent, or had an agreement to stay there, they have legal protections. Changing the locks while they are out is illegal, even if their behavior is poor or rent is unpaid. [1, 2, 3, 4]
Risks of Locking Someone Out
- Wrongful Eviction Claims: If you misjudge their legal status, you can face criminal charges or heavy fines for unlawful eviction.
- Civil Harassment: The locked-out person can sue you in civil court for damages or interference with their belongings.
- Police Response: Police in the UK often treat lockouts and housing disputes as civil matters and may refuse to intervene. [1, 2, 3, 4, 5]
Safe Alternatives
- Formal Notice: Ask the person clearly and calmly to leave the premises.
- Court Possession Orders: Apply for a legal possession order or an Interim Possession Order if they refuse to vacate.
- Use Authorities: Contact the police or local council if a residential building is occupied by illegal squatters or if there is threatening behavior.
- Explore the official guidance on unauthorised encampments from the Metropolitan Police.
- Read the legal definitions of trespass and squatting from Shelter England.
- Review options for regaining property possession with Adam Bernard Solicitors. [1, 2, 3, 4, 5, 6, 7]