SMF - Just Installed!

Do I have squatters?

Started by AL1, August 16, 2013, 11:17:27 AM

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AL1

Hello Everyone,

I have a problem which I need some help with.

Two years ago, I granted a tenancy to a woman in her mid twenties and got her employer to sign as guarantor. The tenancy went fairly smoothly however recently, she has started to build up some arrears, about 5 weeks worth.

Three weeks ago I got a call from her guarantor saying that she had moved out...but he would like to continue on in the property. I told him that he would need to start paying the rent, and either himself or the old tenant would have to contribue to the arrears payments. In addition, I told him that he would need to sign a new tenancy agreement and pay a new deposit (as I am claiming the old one to pay towards the arrears).

The problem is, the guarantor has since not paid any money towards the rent, nor has he signed a new tenancy agreement, nor will he contact me or answer my calls. Is he now a squatter? And if so, what can I do about it? I received no written confirmation from the tenant that she has moved out, although I did give her a reference and have proof that she has absconded without notice. 

I'm wondering if I can just go in to the property and change the locks as the guarantor technically does not have a right to be there, he has paid no rent so there is no contractual tenancy, no tenancy agreement, and no deposit. His name is on the origional agreement however, so this may complicate things? 

Any advice would be appreciated!