How do I remove a person who has no tenancy agreement?

How do I remove a person who has no tenancy agreement?

0:05 AM, 20th January 2023, About 2 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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Reluctant Landlord

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18:30 PM, 20th January 2023, About 2 years ago

1.pay them to leave just to get them out asap
2. offer to help them leave ;)...pay a deposit on somewhere they can afford if that's possible - again just to get them out?

If not you are heading for a drawn out battle....as it seems they are in no rush or need to move.

Sneaky but...you could go through the palava of getting an estate agent in to look to be seen to sell? Might but the fear up them to move on of their own accord? Worth a try.

Glynn Jones

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20:38 PM, 20th January 2023, About 2 years ago

Reply to the comment left by shaun carter at 20/01/2023 - 15:14
If the owner has ever accepted rent from the "abandoned" girl friend then she has an AST by default
The council will not rehouse her if she has made herself voluntarily homeless ie accepted a notice to quit. You must get a court order and a bailiff eviction before they will rehouse her.

Simon F

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0:00 AM, 21st January 2023, About 2 years ago

Three lines of attack (which are not mutually exclusive) spring to mind: 1. Go after the arrears (1a) sending a letter with statement of account attached (clearly showing it was upto date when the son moved out), giving specific timeframe 2-4 weeks to bring account upto date and making clear the county court action is intended if not addressed; (1b) follow that up through MoneyClaim Online (.gov.uk website fee is low and process is easy + when you have a CCJ you can get an attachment to earnings/bank account/benefits if not paid); 2. Issue a Section 13 notice for rent increase to market rent with a cover letter reiterating that the original discount was granted to cover the Son's use of the property that ceased and highlight recent increase in mortgage costs mean the discount is no longer sustainable (market rent lowers the incentive to stay); 3. Issue a Section 21 (no fault) or Section 8 (arrears grounds) notice to quit with two months notice, so the ball is rolling legally towards eviction. Which you choose and what sequence depends on what you think their ability to pay is.

CMS

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5:22 AM, 21st January 2023, About 2 years ago

Hi, provided the tenant took up occupation after the 15th Jan 1989, the likelihood is that the tenant is occupying the property under an Assured Shorthold Tenancy.

As the tenants have fallen behind in their rent, as others have said, you could serve a section 8 notice provided the arrears are at least 2 months. Give the tenant 2 weeks notice and if they do not settle the arrears then you can make a court application requesting a possession order.

Alternatively, even though the tenancy is unwritten it could still be possible to serve a section 21 notice (but you couldnt use the accelerated possession procedure) giving at least 2 months notice with the notice expiring the day before a rent payment date HOWEVER you will need to make sure that all of the paperwork is in order before you serve this notice eg - gas cert, epc, likely how to rent booklet etc.

From what you have said though they are definitely not going to be classed as squatters. Best, Charles

David Houghton

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17:47 PM, 21st January 2023, About 2 years ago

Like CMS said they are probably tenants. Depending on date of occupation they are will depend on at or ast. The key date isn't 1988 but 1997. Before the 88 housing act was amended by the 96 act tenants were default at not ast.

S21 is probably the best way.You can not use the accelerated procedure, so will need a court hearing. You will also need to demonstrate compliance with gas safety, EPC etc. You can find all your need in the accelerated possession procedure. You will need to comply with the rules for evidence, submit a statement of facts, but don't necessarily need a solicitor to prepare these.

You could try S8 e.g rent arrears but as the amount of rent is unclear, you may struggle.

The third alternative is to increase the rent to a reasonable level and give them an ast. They can then stay there another, 6 months mum and get things in a proper basis for

Georgina louise Ingle

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22:24 PM, 21st January 2023, About 2 years ago

I had a similar problem with a tenant. They seem to have more rights than the landlord. It cost us alot, to get her out of the property. Nevermind the unpaid rent. Then the cost, of repairing the house. After finally, getting her out.
If I ever was in that situation again. Where the tenant stops paying rent. Then technically they will be squatting (although they are not). I would put my own squatters in. To get them out.

Neil Heffey

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10:28 AM, 22nd January 2023, About 2 years ago

If the arrears are more than 8 weeks then you serve a section 8 notice on the mandatory ground. You would want more than 8 weeks and it to be more than they could afford to repay once served with notice as you cannot ever evict using the section 21 procedure with no written contract

You will need to create a rent statement to demonstrate the arrears and back track it if you do not have one

Ken McEwan

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12:05 PM, 22nd January 2023, About 2 years ago

It depends where the property is located in the UK for the correct eviction process. My company McEwan Fraser Legal specialises in these type of evictions in Scotland. Contact me on my profile if you would like some help

The Forever Tenant

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14:22 PM, 22nd January 2023, About 2 years ago

There's the other post on here about how landlords can have their voice and be seen as a positive thing in the world.

Do you know what really doesn't help public opinion?

Posting on a public forum about committing illegal acts.

David Houghton

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14:59 PM, 22nd January 2023, About 2 years ago

Reply to the comment left by Neil Heffey at 22/01/2023 - 10:28
Don't forget that rent arrears can be defend on the basis of disrepair. You can expect it if they get legal aid even if it's merited or not

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