Adult son left in property after tenant moved out?

Adult son left in property after tenant moved out?

by Readers Question

Guest Author

9:40 AM, 22nd May 2024, About a month ago 10

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Hello, I am looking for advice from Property118 readers, I issued a Section 8 notice to my tenant, who has since vacated the property. However, the tenant’s adult son, who is not listed on the tenancy agreement, still remains in the property which is causing me huge amounts of stress.

I am struggling with options on what to do. What steps do I need to take to legally evict him from the property?

Any advice would be greatly appreciated.

Thanks,

Philip

 


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Comments

Nikki Palmer

10:45 AM, 22nd May 2024, About a month ago

The Son should have been named on the agreement (at the very least acknowledged as a permitted occupier) and the tenant would then be responsible for removing them and handing back the property with vacant possession.

Are you aware that over the age of 18, anyone residing in your rental property needs to show proof of RTR in the UK?

Are you not aware that he was living there?

Mark Smith

10:49 AM, 22nd May 2024, About a month ago

First remember that the tenant is still liable for rent on the property until they hand you "the keys and vacant possession of the property" and is still bound by all the duties of a tenant.
You should pursue you tenant for the any outstanding unpaid rent past the notice date.- and remind them they have a duty in law to pay yu rent even if they are not living there until their son moves out.
Secondly I would not NOT authorise the return of the deposit and make clear that it is not due to you tenant as the property has not yet been returned to you.

Thirdly you will want to apply to the courts for a possession order for the property immediately. (you may wish to remind the son and the tenant that they are liable for your legal costs if you have to resort to the courts to evict the son. The possession order should be issued against your tenant and against the sone or any other residents.

You should remind also the original tenant that they remail legally liable for other costs of the household such as paying bills and council tax until their son leaves - as they have not yet yielded vacant posession AND ALL KEYS to you and are stil the legal tenant until that happens !

Philip R

10:57 AM, 22nd May 2024, About a month ago

Reply to the comment left by Nikki Palmer at 22/05/2024 - 10:45
Hi - Thanks for your comment
For clarification - property was let via lettings agent 6 years ago who ceased to trade handing me back the tenancy - i had no idea who was living in the property
Tenant has paid rent untill very recently due to change in personal circumstances (illness)

Judith Wordsworth

12:50 PM, 22nd May 2024, About a month ago

Your tenant who has vacated is liable for the rent, council tax and all utilities, until you have vacant possession of the property.

Do not imply that he is a tenant or do anything to imply that he is.

The adult son is NOT your tenant, nor legally a tenant so no paperwork eg Right to Rent should be given to him.

He is a trespasser. Useful article https://www.ccc-law.co.uk/factsheets/personal-factsheets/residential-property/dealing-with-squatters-or-trespassers-on-your-land-or-property#:~:text=If%20you%20discover%20trespassers%20or%20squatters%20in%20your,an%20order%20from%20the%20Court%20to%20remove%20them.

DPT

9:09 AM, 23rd May 2024, About a month ago

The Son is not a tresspasser, he is the guest of the tenant, who's tenancy is still in force. A s8 notice does not end the tenancy, nor does moving out. The tenancy could be ended by surrender or tenants notice, but vacant possession is not a pre-requisite. The Son would become a tresspasser at that point.

havens havens

17:09 PM, 23rd May 2024, About a month ago

Hello Philip,

I'm sorry to hear about your situation. Here's what you can do: First, write a letter to the son telling him he needs to leave by a specific date, usually within 28 days. If he doesn't leave, you'll need to go to court to get an official order that says he has to go. You’ll need to fill out some forms and pay a fee. If he still won't leave after the court order, you can ask the court to send bailiffs to evict him. It might be a good idea to talk to a lawyer who knows about landlord-tenant issues to guide you through the process.

Lisa008

6:48 AM, 4th June 2024, About 3 weeks ago

Any idea where your tenant has moved to? Have they deliberately not taken their son with them? Some parents are drained and sick of their adult kids still leaching off them. They run away. Was he supposed to leave or are they trying to and over the tenancy to him?

Tom Jenkin

8:34 AM, 4th June 2024, About 3 weeks ago

Quick question, is the son disabled or is mentally impaired ? Is so a quick call to the local council Social Services depth might be more helpful .

If he is disabled he has more rights than the average bunny , but on the plus side the council are more liable to help .

My sister had a similar experience, woman left her autistic daughter when she moved out , not in tenancy agreement etc , etc , sister phoned Social services got hold of the daughter case worker and 5 weeks later the daughter was moved into council accommodation. The daughter actually kept the flat spotless but needed help with other things.

Philip R

13:52 PM, 4th June 2024, About 3 weeks ago

Reply to the comment left by Lisa008 at 04/06/2024 - 06:48Think its a matter that he choses not to work as he has mental health issues
As you say mum is sick of him so moved out
I have given him to 19th june - so lets see

Philip R

8:45 AM, 22nd June 2024, About 3 days ago

Reply to the comment left by Philip R at 04/06/2024 - 13:52
Update
After gentle persuasion - (i.e. writing off £1000 of arrears) I finally have the house vacated
Cheaper than court costs I guess and can now move forward

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