Regulated tenant/tenancy forced to give up external storage room?
3 years ago | 5 comments
How do I remove a person who has no tenancy agreement?
12:05 AM, 20th January 2023, 3 years ago
55
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Hi, Can anyone please advise me on an ongoing situation? A close friend of the family brought a property to rent out some years ago, but instead let her son and his girlfriend move in as a favour.
The idea was for them to pay minimal rent, enough to cover her mortgage so they could save up to buy or rent their own place. No tenancy was ever issued to them and they remained staying on, never looking to move out.
Over the years the plan was forgotten (maybe they were to comfortable) and then kids came along. Her son and his girlfriend have now split, but her son came back to live with his mum to see if things would settle down and they would maybe get together again. This never happened, and she was asked to leave.
Months have now past and the ex has a new boyfriend in the property, and the rent has stopped. She says she’s applied to the council ages ago but they say they cannot help her. So she will not leave.
My friend now needs to sell as she cannot keep paying two mortgages.
What is the best way for her to get her property back?
Is the Ex and her new boyfriend squatters?
Would the police assist?
Any advice I can pass on would be appreciated.
Thank you,
Recardo
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Member Since May 2018 - Comments: 1999
11:18 AM, 20th January 2023, About 3 years ago
Sorry, but this sounds like a bit of a mess to me; I think you need to talk to a lawyer.
Member Since July 2013 - Comments: 1264 - Articles: 1
11:43 AM, 20th January 2023, About 3 years ago
Apply to an eviction specialist such Landlord Action or a good solicitor. There is probably an implied tenancy. In the first instance try the CAB.
Member Since January 2015 - Comments: 1435 - Articles: 1
12:30 PM, 20th January 2023, About 3 years ago
Citizens Advice wont help a Landlord, I know from experience. If your friend goes to them pretend to be the tenant – surprisingly that works to get their advice!
I think there is an implied tenancy but sounds like no tenancy paperwork was issued ie all the other docs needed in addition to a tenancy agreement so serving a s21 may be impossible.
If there is rent paid, ie past performance may = a contract then if more than 2 months in arrears you could likely issue a s8. I would use Ground 1 ie that you (or might get away with a close family member) need to move back into the property, plus Grounds 8,10,11.
If renting to family or friends always serve all the paperwork
Member Since January 2023 - Comments: 1
12:34 PM, 20th January 2023, About 3 years ago
Im in a situation where people were moved in unlawfully via a builder placing them in property whilst doing major repairs, trying to claim they are tenants. Claiming they pay rent to builders.
Police, action fraud wont potentially do anything
Its complicated and i have hired a lawyer following advise from NRLA etc. Your situation seems complicated and lawyers will be able tp advise.
Member Since May 2016 - Comments: 1570 - Articles: 16
1:04 PM, 20th January 2023, About 3 years ago
Recardo, would you like to contact us.
Member Since January 2023 - Comments: 1
1:16 PM, 20th January 2023, About 3 years ago
Context and personalities involved are important. But if I am in your situation, I will give the squatter, 1 month notice. After that, I will move in and change the locks. It will be up to the person to go and prove in court that he/she is a tenant and that the one month notice is insufficient.
Member Since February 2018 - Comments: 26
1:52 PM, 20th January 2023, About 3 years ago
I would not recommend “moving in and changing the locks” as suggested above. As others have said, you need the advice of a specialist lawyer.
Member Since September 2019 - Comments: 251
2:37 PM, 20th January 2023, About 3 years ago
Agreeing with what Paul B has just said. Changing the locks would likely be an illegal eviction.
Them proving they have a tenancy would be considerably easy. All they would need to do is show the same amount of funds being transferred from their bank account to your friend each month.
I am no way a legal expert, but from what you have described, there is a tenancy there. Your friend absolutely needs legal assistance on this.
Member Since January 2023 - Comments: 15
3:14 PM, 20th January 2023, About 3 years ago
Please listen and read very carefully.
The situation is very much sqotters rights. Its a long winded expensive situation.
You have 2 options. Offer money for them to move.
Or
You use the tenancy agreement your son filled out to evict. Wink ? your son when signed had a witness along with your witness.produce it dated and will help.
When your son moved out she had to too. Again sqotters rights but signed tenancy will help. Your son was the tenant not her.
Member Since November 2021 - Comments: 11
5:52 PM, 20th January 2023, About 3 years ago
It’s not an adverse possession (squatter) situation becuase the property owner gave them permission to live there. It’s an implied legal tenancy.