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 months ago 53

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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,


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Neil Heffey

15:12 PM, 22nd January 2023, About 2 months ago

Reply to the comment left by David Houghton at 22/01/2023 - 14:59
True, but from the post, there is no indication that there is an issue with disrepair and if there was, the court would expect there to be evidence that the landlord had been informed, or evidence that the landlord ought to have known of the disrepair and done nothing about it. Even with a claim for disrepair, unless the damages award would bring the amount below the 8 weeks, it is still a mandatory ground and the court must grant the possession order, there is no discretion for the court to refuse it.

It is very rare that I evict using the section 21 procedure as most investor landlords want to retain good tenants. I use the section 8 procedure a lot on mandatory ground 8 and have not encountered a defence for disrepair that has been successful as the majority of claims are without evidence or foundation and just intended to create delay and further cost to landlords.

David Houghton

15:45 PM, 22nd January 2023, About 2 months ago

Reply to the comment left by Neil Heffey at 22/01/2023 - 15:12
I have had tenants when hearing of this defence suddenly create some. It doesn't work but it does drag things out and of cours the costs are difficult to recover

Ingrid Bacsa

16:09 PM, 22nd January 2023, About 2 months ago

Hello, this is not a big problem, especially as you know her.

If I need this person gone because they are taking advantage, well, the simplist cheapest way: NO LAWYERS NEEDED

I and/or my next of kin start to move in and occupy one of the bedrooms. Make sure she has no locks on her door, these won't be tolerated (she then has more rights).

Be sure to immediately register Council Tax in your name and make sure bills are in your own name .she will be so relieved.

Start asserting authority in the communal rooms.

After a very short period YOU have become a live in landlord. Give her two weeks, and then change the locks if she doesn't pay.

If she has kids, the local Council will take longer, but at least YOU HAVE THE RIGHT TO EVICT HER if it becomes your home for a while. Some tenants deserve this treatment as they will just drain your bank account.

Really works.

The Forever Tenant

16:28 PM, 22nd January 2023, About 2 months ago

I'll repeat again, because people are just not getting it.

Do not do the above. It is illegal. You can end up paying the tenant if you do this and they will still get to remain in the property.

David Houghton

16:39 PM, 22nd January 2023, About 2 months ago

Reply to the comment left by The Forever Tenant at 22/01/2023 - 16:28
You are so right! Then they wonder why landlords get a bad name and councils introduce selective licensing. Follow the law to the letter. It's a pain but it's quicker and cheating the long run.

Tarkan Konc

17:12 PM, 22nd January 2023, About 2 months ago

There will be a contract (tenancy agreement) by conduct. You won't be able to issue a s.21 if there's no TA. You'll need to issue a s.8 for a lack of rent or any other ground which may be applicable.

I'd recommend seeing a solicitor.

Judy Thomas

20:12 PM, 22nd January 2023, About 2 months ago

She has stopped paying the rent so you have the right to give her notice. If she does not move out then you will need to take to court. If that fails then you apply to court again to a forced removal. This is where you then can get the assistance in changing the locks and take back your property

Chris @ Possession Friend

21:07 PM, 22nd January 2023, About 2 months ago

Reply to the comment left by The Forever Tenant at 22/01/2023 - 14:22
I have to agree with that !

Old Mrs Landlord

21:41 PM, 22nd January 2023, About 2 months ago

Reply to the comment left by Ingrid Bacsa at 22/01/2023 - 16:09You seem to have forgotten or not taken on board that the questioner's friend, the owner of the property, is a female of apparently mature years. It is some years since her adult son moved in and as years went by children arrived. Since then they have split up and a new partner has been ensconced. You are asking a woman probably in her sixties to move in against the wishes of a younger woman and man. About the silliest suggestion of several on here in my view and fraught with danger in the unlikely event she actually managed to gain entry.

Judy Thomas

23:47 PM, 22nd January 2023, About 2 months ago

This is someone that does not want to leave. Finding somewhere else and paying a deposit for her will only cause the landlord to take more responsibility for this person. For her to have stopped paying rent we can only assume she is no longer working and her new boyfriend may not be too. Most estate agents would thus want the landlord to stand in as a guarantor. She is not the landlords child or responsibility. Which ever way she goes it is going to be drawn out. So give her notice and I know it will end with the landlord having to take her to court.

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