Help needed with my unauthorised tenant?

Reply to the comment left by Dylan Morris at 28/12/2023 – 13:54
Not necessarily, it all depends if there was a contract or not

https://www.gov.uk/government/publications/form-n130-application-for-possession-including-application-for-interim-possession-order
This page gives access to the IPO I mentioned in my previous post.
You would be eligible to use this if they have not been in your property for more than 28 days. So I advise you to use this quickly.

Reply to the comment left by Dylan Morris at 28/12/2023 – 13:54
I’m sure the OP will value your in depth interpretation of his case in court. I will await with interest the outcome.

It would seem that we have a variety of suggestions most of which seem valid. However it is about time the OP (Matt) offered some more detail and clarification regarding the situation.

Reply to the comment left by Dylan Morris at 28/12/2023 – 12:39Exactly, you don’t fly to your destination before you get visa approval. Its common sense, it does not need housing law to clear off uninvited people into your property, or those not authorised, by forceful possession of your property. The builder is who caused this breach, so he should be made to rectify it. The Title of this thread is inappropriate, as at no time this occupier is a tenant.

Lots of good observations above and it is really essential that you clarify your legal situation – I would echo the need for professional advice.
Is there perhaps another way of tackling this? Do you know the neighbour? Do you know the neighbour’s daughter? Could you consider having a chat with them, and entertain regularising the daughter’s occupation of the property provided that the neighbour acts as guarantor for the daughter, subject to financial vetting etc. They would have an interest in ensuring that the daughter behaves and pays, and cannot claim that they were unaware of what was going on as she would be living so close by.
By no means am I condoning the behaviour of the neighbour, daughter or builder, but in most other methods of trying to resolve this problem, you have confrontation and likely cost ahead. It could well be that this situation has arisen because of their lack of understanding of tenancy matters, thereby landing you in a very difficult situation. If upon meeting them and explaining things, if you feel they are people you can work with, working with rather than against them may produce a good outcome for everyone and could give you the opportunity to set up the tenancy properly.

There is no such thing as “illegal occupation”

There is a criminal offence of squatting in a residential building in SOME circumstances. If the occupier can show that you gave permission to enter pending a check, then it is NOT a criminal offence even if you now withdraw that permission.

Be careful not to use or threaten force yourself – I’m not saying you would – because then you may commit a criminal offence

I suspect you will find no help with the police. Once you tell them she had keys, they are likely to say is a civil matter.

You could try seeing if they want to be be a proper tenant – I know it’s not what you might want. But you never know

Failing this, send a written withdrawing your permission to be there and giving them 4 weeks to vacate. And tell them you will begin proceedings to evict

Ignore the comments of people who tell to be take our own “strong” action – you could find yourself in trouble.

Try not get wound up by how “unfair” etc this all is.

I’ve heard of someone doing this or get squatters out but I have no idea if it really works but I definitely think it will. All you do is write out a tenancy agreement to someone else (ie friend)to make them the legal occupier get them to phone the police and say someone is in my house I am the legal tenant. Here’s my tenancy agreement. Because remember the legal tenant has all the rights and the owner and illegal tenant do not have any rights

Sounds to me like 2 criminal offences
1. Obtaining the keys by deception
2. Squatting

but whether PC Plot is capable of understanding this is an entirely different question

You could do a private prosecution

Reply to the comment left by Anony Mouse at 30/12/2023 – 11:48Indeed I agree with Anony, The keys were not given to the squatters, they were left with the builders, who gave the keys to his friends who happen to be living next door; for the carpet fitters to get in to lay a new carpet, therefore the next door people used those keys without authority and with deception to allow their daughter to enter and illegally occupy the premises without the owner’s permission or authority. Based on these facts the current occupiers are squatters. Further more stop calling them unauthorised “tenants” they are a bunch of squatters not tenants.,