Evicting tenant’s girlfriend?

by Readers Question

8:42 AM, 12th January 2018
About 3 years ago

Evicting tenant’s girlfriend?

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Evicting tenant’s girlfriend?

I had a tenant who appears to have left the property three months ago, at least that’s when he stopped paying rent or answering his phone.

The house is still occupied by a woman who wasn’t on the original tenancy and I assume she’s his girlfriend.

Ive contacted a solicitor and set about gaining possession. A lengthy and expensive process an my issue is this:

The person in occupation is not the tenant and so where do I stand in terms of getting her out. Does she have the same rights as the actual tenant or is she a squatter?

Obviously I cant say for sure he has gone or maybe he will return.

I just worry his guest may add complications to the process if in fact he has gone.

Sheridan

Editors Note:

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Comments

Paul Green

15:35 PM, 12th January 2018
About 3 years ago

In the past when I have had to evict (or rather claim on my rent guarantee insurance) for non payment of rent, the insurance company always insist on a section 21 to accompany the section 8, so to cover all angles I would instruct a solicitor to issue both. Go to court and receive the order if possession, the judge will award you the deposit in full. Then wait 14 days as requested by the judge and then send the bailiffs in. This way you detach yourself from the process and nothing is personal, the professionals handle it all. You just need to organise a locksmith on the day of eviction to change all the locks. You can then assess the damage, clean up , repaint and re let. Sorted. Once you’ve been through it once your be more prepared next time. Oh and consider rent guarantee insurance until you know them, ie they have something to lose by having a county court judgement against them, if there say young professionals wanting to get on the housing ladder with a mortgage, a CCJ would destroy their credibility and credit score.

Paul Green

16:04 PM, 12th January 2018
About 3 years ago

In the past when I have had to evict (or rather claim on my rent guarantee insurance) for non payment of rent, the insurance company always insist on a section 21 to accompany the section 8, to cover all angles I would instruct a solicitor to issue both. Go to court and receive the order of possession, the judge will award you the deposit in full. Then wait 14 days as requested by the judge and then send the bailiffs in. This way you detach yourself from the process and nothing is personal, the professionals handle it all. You just need to organise a locksmith on the day of eviction to change all the locks. You can then assess the damage, clean up , repaint and re let. Sorted. Once you’ve been through it once your be more prepared next time. Oh and consider rent guarantee insurance until you know them, ie they have something to lose by having a county court judgement against them, if there say young professionals wanting to get on the housing ladder with a mortgage, a CCJ would destroy their credibility and credit score.

Chris @ Possession Friend

16:34 PM, 12th January 2018
About 3 years ago

Don't need to instruct solicitors for 98% of Possession work,
Legal services will charge 'solicitors fees' for 100% of the work they do.
Typical solicitors fees for a Possession ( I'm generalising, but with experience ) is £2k +
Eviction companies are mostly less than £1 k.
A good eviction company will complete the 98% of cases for you that don't require a solicitor, but have the integrity to recommend / source legal representation only where needed. Hope this helps.
PossessionFriend.uk

Paul Green

17:02 PM, 12th January 2018
About 3 years ago

In the two times I’ve evicted using a professional solicitor, the debt recovery firm has never recorded a penny, why? Because one tenant used fraudulent I D (which past a tenancy referencing check) and the other tenant was skint. Rent guarantee insurance costs me around £125 per annum and all I pay for is the solicitors section 21 & 8 at an added cost of £175 if making a claim, the court costs are free the barriers free and the bailiffs. And Im always awarded the deposit in full. Of course I have to pay the locksmith after the bailiffs have done there job. Rent guarantee helps me sleep knowing my rents covered and a fair chunk of the legal costs. You can pay around £250 for rent guarantee which issue both section 21 & 8 free. But bearing in mind you don’t usually claim, I think it’s better to keep the cost down and pay the solicitor as and when by paying a lower premium. Ie approximately £125. I use Endsleigh insurance but their are other insurance companies that offer a similar service.

Chris @ Possession Friend

18:37 PM, 12th January 2018
About 3 years ago

Reply to the comment left by Paul Green at 12/01/2018 - 17:02Fraudulent details passing Credit check ? -
see case of Hale v BSP Ltd 2016
Hale, a Landlord used a letting agent, Blue Sky Properties Ltd to find a tenant and carry out reference check.
Tenant defaulted, owing landlord over £3 k - reference check subsequently found lacking.
Full Costs awarded against BSP.
Debt recovery is a bit hit and miss, but I've had 2 successful amounts of just under £1 k and another just over £1.5 k recovered by HCEO from Benefit tenants.
PossessionFriend.uk

Rohan Pickard

19:00 PM, 12th January 2018
About 3 years ago

Reply to the comment left by Chris Daniel at 12/01/2018 - 18:37
I agree debt recovery is largely down to the circumstances of the tenant and a tenant unable (rather than just unwilling to pay) is likely to lead to good money being thrown after bad. The important thing is to act quickly before rent arrears accrue, be it independently, via an eviction company or a reasonably priced solicitor!

Ravi gupta

19:53 PM, 12th January 2018
About 3 years ago

I never use any solicitors, use possession on line, it's very very simple. Lots of tenants vacate soon as they get the court notice others you have to use the bailliff's.

Chris @ Possession Friend

20:35 PM, 12th January 2018
About 3 years ago

Reply to the comment left by Rohan Pickard at 12/01/2018 - 19:00
Is that what's known as an Oxymoron ? 😉

Puzzler

10:03 AM, 13th January 2018
About 3 years ago

Reply to the comment left by Paul Green at 12/01/2018 - 16:04
Have rent guarantee insurance even after you know them... the nicest, most well-meaning tenants can lose their jobs, relationships can break down, have families and stop working etc. etc.

Ross Tulloch

10:36 AM, 13th January 2018
About 3 years ago

On the few times I have had a tenant to evict, like one that was 5 months behind with rent I have talked to them always face to face and say if you leave within say 3 weeks, surrender your keys and give notice in writing, I will never chase you for rent, give you back your deposit and take no legal action. I am not big, only 50 tenants in about 12 properties, but have never been to court. I appreciate that this is not always possible

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