UK Landlord Forum / Life

Hi all! I think I have a bit of an usual issue (or perhaps it's more common place than I think?!?!)

After 2 and a half years my tenant had decided to give notice and move on. He has moved out before the tenancy officially ends, but has paid up to date and has informed me he's gone and has left the keys (telling me to retain his deposit as he had no time to clean!)

My issue is I've since found out that he has 'sublet' the spare room. This is a breach of the tenancy  agreement which states only the person named on the tenancy agreement may reside in the property. Also extra keys have been cut, which again, according to the tenancy agreement required permission. This person is now trying to refuse me access to do my final inspection (actual tenant given permission and several weeks notice provided of this). He's also dragging his heals over moving out himself, saying he can remain until the tenancy end date.

My initial reaction is that this person is now trespassing- the 'actual' tenant has vacated and therefore the property should be back in my possession. Am I correct in thinking he does not have the same rights as he is not party to the tenancy and no signed agreement exists? Can I therefore use my own keys to enter the property and change the locks?

Any advice is gratefully received as I have legal protection, but can only contact them Monday- Friday!

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPOA) created, a specific offence of squatting in a residential building. This came into effect from 1 September 2012

In order to prove the offence, and indeed to convince the Police to act, you will need to show that the defendant:

1.   Is in a residential building as a trespasser having entered as a trespasser
2.  Knows or ought to know that he or she is a trespasser, and
3.  Is living in the building or intends to live there for any period.

You may come unstuck with the second requirement as the person could claim that he entered the premises and took up occupation in good faith,  believing they were a tenant. In which case, it would be reasonable for them to have a tenancy agreement you might think, and be happy to show to show it  to you in order to prove the righteousness of their claim. Unfortunately, I doubt it very much.

If it were me, I would be calling the police on 101. Explain the circumstances, and ask them to remove the trespasser.

If they take the view that the circumstances do not fit the required criteria and decline to act, IMO you have two choices.

Sit tight and wait for the person to leave. ( I believe you said this was in a few weeks, but not a likely scenario), or assuming the persons identity is not known, seek a possession order against "Persons Unknown".

If the Police will not assist you, the only way to get them out with no possible allegation or comeback is through a possession order.

PM if need more help



   , 

Many thanks for the advice- pretty much as I thought having done some research myself!

Unfortunately, there are an awful lot of people who think they know the law, but simply do not, all trying to tell me to do this or that assuming I can pretty much do anything I like!

I'm not prepared to break the law myself, but I need this person out as I have new tenants lined up!

We often hear it ourselves with clients telling us "The bloke up the pub says  I should  !!!!??XXX". If you think we might be of assistance feel free to PM.

I am interested how you got on as I am in a pretty similar situation myself - see my post below...let me know. Thanks
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We have a tenant where section 21 has been served and as he decided to stay we are starting court action to evict. He also owes 2 months rent unpaid.

He should have left the property on the 8th of December 2014 after we gave 2 months notice to vacate but up to the middle of January he remains in the property

Today (14th Janaury 2015) the tenant called me to say he had left the property and would not be returning.

....BUT... his girlfriend and her 15 year old son remain in the property and are refusing to leave claiming that we have to evict her through the courts which will cost us near on £1000 to do so.

The girlfriend is not named on the tenancy agreement at all ... Just the gentlemans name who has now left the property (the let is managed through a letting agent so it's an official let with all paperwork in order etc)

When the gentleman initially let the property he did not state that anyone else would be staying at the property.

My question is ....how do we get the girlfriend to leave. Do we have to evict her through the courts, or is this not necessary as her name is not on the tenancy agreement.

If we do have to evict through the courts, will it mean we will actually end taking court action against gentleman (the official tenant) as the girlfriend is not connected to any official paperwork

The gentleman hasn't returned the keys to the agent and hasn't officially checked out, yet has informed me verbally by telecom that he has gone and will not return.

Should he be taking his own action to remove his girlfriend rather than us going down the court eviction road.

Any advice would be greatly appreciated.