Hi…please can some one help.
My tenant has left due to a breakdown of his relationship. His partner is still living in property with nephews (bizarre)…he did not have permission for them to move in and they are not party to the contract.He has asked them to leave but they wont and he has stopped paying me rent claiming he is trying to rent nearer his kids (divorced) and cant afford to pay. He refuses to evict them. Besides issuing a section 8 with multiple reasons what else can i do? Thanks
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Tell the one who has left that he is still a tenant and owes you the rent and that you are prepared to sue him for it.
If the tenancy is periodic then tell him that the only way he can end his tenancy is to serve you with a valid Notice to Quit. If its valid (and you must check this), then it will end the tenancy for both tenants and the one who remains must go too. If she doesnt go she will be a trespasser and you can exclude her from the property by changing the locks whilst theyre out.
If the tenancy is in the fixed term then he has to persuade her to leave or contknue to pay the rent.
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David thanks for responding. It is a fixed tennancy and only 2 months in. I have served a section 8 which he actually has asked me to do as he does not care and is cleaer he cant pay rent this month…he claims he will pay me something at some point starting with the deposit funds. He doesnt care about going to court or a CCJ. He has asked her to move but he will not push her to leave (she doesnt work and has anxiety issuesand her nephews are studnets). He is a wet lettuce and is dealing with his ex wife and kids issues. Not sure what else i can do. He is happy to terminate the contract (fixed) and use dps to pay the arrears but then i have an occupied proprty to deal with?
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He might say that he doesn’t care about getting a ccj, but he will change his mind when he can’t get a property to rent in the future, or a mobile phone contract or a credit card…
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Im assuming the person remaining in the property is on the tenancy agreement . If the rent is paid there is nothing you can do until the end of the fixed term. If shes not paying rent and uts 2 months in arrears its a Section 8 but the legal route could take a year as its very slow .
The lesson is you need to do more thorough referencing to check affordability.
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No Mike she is not on the agreement…nor are her 2 nephews
I served section 8 yesterday on 4 grounds, arrears, late, lying on application and breaching contract as he has literally left the property for good. Not sure i can do mucb else…Estate agent said to wait 2 months for arrears but have sectioned 8 now as he has admittwd by email he wont be paying and is gone
You need some legal advice from a specialist housing solicitor as Im not sure whether he could validly sign a deed of surrender with them still there.
Thanks David…appreciated
So they are effectively squatters ? Im sure the court system will work very slowly in this case especially with two children involved.
Hi Mike…they are both adults the nephews…18 and 21
Theyre not squatters because they are there legally as guests of the tenant. Its the tenant who has all the liability.
This is a known tactic. Someone gets flat in their name so others can move in usually within first month as tgey tgen have a long stay in the property. It’s happened to loads of friends of mine. People LIE. As stated on another thread a friend of mine son admitted his girlfriend was good at photoshop & forged their bank statements. This is a really respectable young couple who say they would not be able to get a flat otherwise & of course would be honourable & pay all rent on time etc. But if someone who’s not dodgy thinks it’s ok to do this, just imagine what is going out there. You can not trust referencing agencies!! Get involved. Ask questions. I meet all my prospective tenants. I do my own detective work now, & after having some dodgy seemingly perfectly lovely tenants who turned out to be scammers, now do thorough vetting & now have lovely tenants in all my 3 flats .
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Terrible situation - professional crooks in my opinion - If you find squatters in your home, you can call the police . If you think someone is squatting in your neighbour’s home and you know they’ve not asked anyone to Google squatters - call the police and get neighbours to call the police. Can you detect any criminal activity in there. The initial tenant is still liable - I agree go to MCOL serve the notice to your / his address and sue for rent. I would not believe any of his lies. Issue a section 21 - What is a 21 section?
Section 21 enables private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant. Hence it is sometimes referred to as the ‘no-fault’ ground for eviction.7 Mar 2023
Join NRLA they then offer free and excellent advice.
Thanks all for your help and guidance. Having spoken to multiple legal advisors it could be 6 to 12 months before they are gone plus legal fees, and i may never see my rent. The occupier has offered to pick up the tennancy but is on benes which we think should cover the rent plus there will be a guarantor…not ideal but at least takes away stress until she defaults.
yes, not good. the legal route could be both expensive and fruitless. easy to sink £10k to
solicitors with no result.
You could say get out now and you will write off the bill and give them a good reference.
you could offer them money to get out.
if no joy you could get some friends to talk to them in a serious way.
dont stop contacting them, have reasons why you need to go round to fix this or that.
dont let them feel too comfortable.
let their services suppliers know they are not paying.
dont involve police or council.
let the neighbours know
When you say “pick up the tenancy” what do you mean? You still have a contract with the other person, so you can’t issue a contract. If you do, the other guy might have a case against you.
If you “accept” they can stay, then they are no longer squatters and you have given permission. Do not believe a word they say when they say they will pay the rent!! You are really letting yourself in for trouble. I would just change the locks myself. They are squatting. Does it not say that tenant can’t be away for 2 weeks without written notice? If they’ve been away & say they aren’t returning, you need a deed of surrender first & foremost?
You need legal advice. But I know expensive. Some give 30 minutes free. Make a list of questions.
Do NOT GIVE Them A GOOD REFERENCE!!! Not fair to other landlords!!
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I just want to say these people are very clever & might be good to stop posting here. Contact people privately. They could be reading the thread.