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

Gary Dully

1:07 AM, 14th January 2018
About 3 years ago

Stop being polite and get ready for a serious conversation with your unwanted tenant.

The lady who is in the house now has not gone through the right to rent check.
Technically, Your due for a nice penalty fine, for not carrying one out and so is the original Tenant.

Can she legally rent a property in England?

Is she a lodger?, if so can the original tenant give her 2 weeks notice as she would be on a license?

In addition the original Tenant requires an eviction notice and order from the county court.
The sublet Tenant or lodger has no legal tenancy from you, unless you have accepted payment, in which case she will have a tenancy by default.

The partner could make a claim of ‘implied trust’. Stating that the original Tenant said that he was prepared to share his tenancy and has since welched on their Agreement.

Worse still would be an illegal sublet, where she is paying him rent.

So get the original tenancy ended by a court order and before you apply, tell her that you intend to name her on it to be on the safe side.

Tell her, that his rent arrears will be claimed from her and her credit rating will be butchered, as you assume that he has obtained a tenancy by misrepresentation and fraud.

You estimate the damages claim to be in excess of £17,000+and you will be asking for an attachment to her universal credit or earnings.

That should cause a bit of a bowel movement, leave her to consider it over 48 hours and ask her if she would like to surrender the property instead, free of charge.

The price being a signature and an address of where your original tenant is residing.

Then do a search on the land registry for the owner and ask them if he is renting from them?
If he is, you can confront him and ask for his surrender, if not carry on with the court case.

It’s messy being a landlord isn’t it?

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