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

Reply to the comment left by Tarkan Konc at 22/01/2023 – 17:12
You can issue a s21. You can’t use the accelerated procedure

The only action is through the court for non payment of rent.

There will be a binding contract whether it is verbally or by tenancy agreement.

If permission has not been granted by the landlord to the present (tenants) they have squatters right of which in residential is now criminal.

If the original terms of the agreement (verbally or written) has been broken then apply to the court for eviction notice under agreement has been broken.

You may have a problem if you have accepted for a long time have done nothing might be seen as you have consented.

You can handle this your self at a nominal cost of application to the court.

You are being taken advantage that in any other situation may amount to fraud, (intentionally not paying for a service)
Had a tenancy agreement been given Council may contribute towards the rent otherwise a letter of rent confirmed by the landlord,

Calculate the rent owing ( not more than seven years and claim through the small claims court and let them defend your claim,
You could also claim for back rent under a section 9 for eviction
Hope this helps
Gamesmanship

Reply to the comment left by Peter Roberts at 24/01/2023 – 11:28
Section 8

Reply to the comment left by Gamesmanship at 24/01/2023 – 11:28
To be squatters first entry needs to be not by consent

Treat this case as squatters moved in and claim your right to the property. You may have to produce evidence that you own the property.
The old system of Squatters Rights have now gone so you are safe there.

I think you’ve forgotten the human element in this. It appears the woman’s children are the grandchildren of the owner. It’s not even clear if any rent was ever paid even when the son was living there.

If the owner is happy for them to stay – if they start paying rent – then she should contact the specialist lawyers recommended and get a tenancy set up with EPC and all the other requirements. At the moment as there is no agreement the woman wouldnt get any housing benefit. However, they may have no intentions of paying or this could cause problems in the long run if they stop paying again.

It seems the woman wants council housing, which isn’t a nice route to take. So any form of Notice should be enough to prove to the council she is being evicted. There was a court judgement that councils have to take action based on this, but in reality a lot still wait for eviction day.
As the son was the original occupier he could pay the mortgage in the meantime if he’s working and help deal with the mess so it’s less stressful for his mum. If a tenancy is granted and they do pay then at least he has helped ensure his children have a steady place to live.

Hi
look up bare license eviction notice on google
hope this helps

Reply to the comment left by Amanda at 20/01/2023 – 17:52
CORRECTION:

It’s not an adverse possession (squatter) situation becuase the property owner gave them permission to live there. It’s an implied legal tenancy.

IT SHOULD BE:

It’s not a Trespass situation because the property owner gave them permission to live there (CPR551(b)). Since the (implied) legal tenancy came to en end (no longer paying rent), it has become an adverse possession – and you might be able to obtain possession through the courts on that basis

Reply to the comment left by The Forever Tenant at 22/01/2023 – 16:28
Not to mention the tenant could make a serious false allegation against anyone under that roof who she doesn’t want there. Your feet won’t touch the floor and your life will be ruined.

Reply to the comment left by Michael Mathews at 29/01/2023 – 23:02
No it never laps into adverse possession. A contractusl tenancy can become a statutory periodic. The guy is an ast. He should use S8 or s21 as he feels the need. Even naming the original tenants and all others so they can’t say they are their guests