UK Landlord Forum / Life

Hello! I have been reading all the postings on here with interest, thank you. Wondered what your thoughts are on this. I'm sure everything's been tried before, but had an idea...

My partner owns a property where the tenants are in arrears and the tenancy has ended. Tenants refusing to leave and have basically realised they can live there rent-free and there's nothing he can do about it. They have plenty of money from what I can see, just taking him for a ride. He's given them a section 21, applied for acc possession and the papers were served yesterday. Here's my question.

If I nick a key off him, go round when the tenants aren't there, stick a sign on the door to say that the property has been occupied by squatters (me and my mate), and then change the locks, could anything bad happen to me or to him, ie could we be arrested or charged with anything?

I am thinking I wouldn't even tell him about this, just do it. As I understand, if I haven't damaged the property when breaking in to squat, he would have to go to court to evict me. I don't think that he would decide to do that! What would happen to the tenancy?

Thanks so much for your help guys! Desperation, can you tell?!

Mango

Hmm from what I understand, you can only be a squatter in an empty/abandoned property! The property isn't empty, the tenants currently have legal rights to live there (unfair as it may seem), so technically, you wouldn't be a "squatter", you'd be breaking entry and the tenants would be entitled to call the police and have you arrested. I think that's how it works anyways.

I wouldn't advise going ahead with your plan!!!

Unfortunately, you'll have to wait 2 months (from the day the section 21 was served)! God, the law is so sh*t when it becomes to tenants falling into arrears, it's annoying!

Best of luck Mango!

Thanks propertyfag. It is a bad place to be! Ugh. Appreciate your advice.

I do wonder what would happen in this situation. I would not be 'breaking', only 'entering'. And the tenants would not be able to prove that they currently live there as their name is not on a current lease and the landlord would certainly not support them in saying they lived there. Interesting.

M 

Oh, well if they don't have a contract and they can't prove they live there...that slightly works in your favour.

It's your call

If you go ahead, please let me know what happens ha!

Hi All,  I am in the same position and am considering issuing a section 21.  Unfortunately I did not register the deposit with one of the mandatory schemes and reading through the process, for me to go for accelerated possession, I need to demonstrate that the deposit has been registered.

Is it worth registering it now to enable me to use the accelerated possession scheme?
Am I going to get into any kind of trouble for not doing this at the time?
Can I register it and backdate it?

Help please!!

David

Hi David,

You should secure the deposit (you can't get in trouble as long as it's secure, even if it's secured late) and then started the process of eviction!!!

According to me, It's a formal required warning that you will file a complaint in court if he doesn't pay up. It's step 1 in the eviction process.

I have had many problems similar to this over my years as a landlord, but I have now found this site that prevents these problems and in my first week as a member I found a tenant that owed me £3800 and prevented another landlord taking that person on. landlord referencing. co. uk.

Check it out, it could save us all a lot of money!

Hi similar problem served section 21 was granted possesion but she still won't leave. Now she has an appeal date as she states I did not secure deposit What deposit ? She said she hadn't got it and would pay it in installments I felt sorry for her being a single mom and already had other of her family members as tenants who had never been any problem I have never received any deposit so how could I secure it she had been a nuisance to the neighbours been issued with a noise abatement order a nuisance abatement order taken to court and fined for rubbish accumulation been given a police caution for threatening the neighbours what can I do will I ever get her out? At the appeal will I be refused possession and if so can I start the process over again to evict thanks in advance

Hey Dudley,

You won't get refused posession based on not securing a deposit when you didn't get one! Nothing to worry about on that front. You only need to secure a deposit if you received one (sounds pretty obvious). She sounds like she's on drugs

Best of luck with your case!!

Thanks I know it does sound obvious but have had so much trouble with her and yes to the drugs the neighbours have told me she has them delivered outside.

I have just had a call my her next door neighbour saying that in the last two days she has been round abusing them they have contacted the police - have got a visit tomorrow.
I really want this drain on society out of my property for everyones sake

She is now saying she paid me a deposit and I didn't secure it.  However as previously mentioned I didn't but looking at subsequent tenancy agreements there was no mention of deposit on either side.  I must admit this was an oversight on y part and probably should have mentioned no deposit do you think this will make a difference.  Would I be able to brin in evidence of nuisance at the appeal as I haven't before as I was going for th accelerated procedure

If somebody is using drugs, which is an instant breach of the tenancy, do you still have to go through all the crap to get them out? I am paying my solicitor £600 to get a chap out who owes me over 1 years rent. He is foreign and I fear him waving a racism card so I decided to pay the money and go the official route. I inherited him as a sitting tenant. I have no way to prove that he didn't give a deposit.