Help needed with my unauthorised tenant?

Go and seek proper experienced legal advice, you can open yourself to serious problems if you don’t.

Reply to the comment left by Dylan Morris at 28/12/2023 – 10:47
Mmm. Do you feel lucky? Been there and dealt with stuff like this before. LL calls police or turns up to change the locks. Or T calls police. Police arrive.

” I was told I could stay there by the landlord” says the tenant. Whose to prove he didn’t? It’s not worth an unlawful eviction. T WILL get onto the council.

Police will advise both parties to contact their solicitors. Civil matter.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://england.shelter.org.uk/housing_advice/private_renting/types_of_renting_agreement%23:~:text%3DYou%2520can%2520have%2520a%2520tenancy,the%2520landlord%2520or%2520letting%2520agent.&ved=2ahUKEwiolaaljLKDAxUEQkEAHV48BskQFnoECA8QBQ&usg=AOvVaw3qAx0ysKNltxdNbc2C5n3_

“You can have a tenancy even if you do not have a written tenancy agreement, as long as it’s clear that you agreed to rent the home based on an agreement in writing or even verbally. You can agree a tenancy agreement by email or message, or in conversation with the landlord or letting agent”

I don’t see how, u don’t have a tenancy, you cannot base it on a not proven verbal agreement

Reply to the comment left by Fed Up Landlord at 28/12/2023 – 12:18There was clearly no agreement to grant a tenancy. The landlord simply asked the applicant to put an application in with the letting agent and references failed. I can’t see any way that a Judge could agree that a tenancy has been created, Kick them out…I doubt they’d want to waste their time and money going to Court when they don’t have a leg to stand on. There’s no tenancy agreement either verbal or written. And no rent has been paid.

Sure if this was easy as that then squatters could start using the same excuse, that they were verbally allowed in by the landlord, so I am afraid its time that we landlords took the law in our own hands and kick out any illegal occupiers, if the police won’t evict them as illegal occupiers, then it is up to the illegal occupier to prove they had an AST, and proof they paid any rent, if they claim to have paid in cash then ask then to show a receipt for cash rent, this is why it is very important that all landlords who receive rent in cash must always issue rent receipts and preferably countersigned a copy of the receipt by the tenant. I do this for any cash paying tenants. So enough is enough, we cannot be trodden over and over, illegal, unauthorised occupation is just that, it may be classified as trespassing, but who is to determine what it is , it could be a burglar living next door!

Reply to the comment left by Mike at 28/12/2023 – 12:32The act of putting in a signed application form with the agent confirms exactly that ……it’s an application. Agent obtained references which were unsatisfactory so declined the application. This confirms there was no verbal or written tenancy agreed.

This person is NOT a tenant and should never ever be referred to as such.

What correspondence have you had with them ie given them a copy of the EPC, Landlords Gas Safety Certificate prior to carrying out credit checks? Did you carry these checks out or a letting agent?

How did you find out, and importantly when, that this person had moved in?

What did you do IMMEDIATELY on finding out that this person has taken up occupation?

In whose name are the utilities? The Council Tax? Any other services to the property? Have these been transferred FROM you? If so on what date?

Make sure you have all the facts then seek legal advice?

I was here 2 years ago in exactly same situation. We called police , they telephoned the squatter and told us it is ‘Johnny’s’ truth he believes he should live here, this is a civil case!
Squatter contacted council because he couldn’t get heating to work, they cone doen heavy and said they may be able to create a tenancy- yes it’s possible. We had to go to court took 3-4 months , squatter had a barrister on legal aid ! Barrister suggested we were breaching done sort of customers rights law. We got him out eventually but made me Ill. Do not break the law kicking them out and changing locks it will cost you a lot of money. They would be allowed to sue you for alternate accommodation costs – thousands. Sorry but you need to know.

Reply to the comment left by Dylan Morris at 28/12/2023 – 12:30
Ah. Not reading it properly are we?

“I agreed in principal, subject to satisfactory vetting/financial checks by the letting agent”

Read the Shelter stuff. And the comment by Judith Llewelyn.

If the OP want’s to take your advice of kicking them out – that’s fine by me. They just need to be aware of the consequences.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.ealing.gov.uk/info/201106/private_housing/388/harassment_and_illegal_eviction%23:~:text%3DAnyone%2520convicted%2520of%2520harassment%2520or,and%252For%2520an%2520unlimited%2520fine.&ved=2ahUKEwiOnZ72oLKDAxUsgv0HHWB4Aj0QFnoECAEQBQ&usg=AOvVaw2pj5r18q2pm7zSDLO2DzzR

Reply to the comment left by Fed Up Landlord at 28/12/2023 – 13:41The vetting/financial checks were UNSATISFACTORY. Therefore no tenancy has been created.