Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
Trespasser or Tenant? My local Norfolk police are stating a trespasser in my property is a tenant, because the trespasser claims an unknown party give them a tenancy. At the risk of getting a stupid answer, I will ask a stupid question.
Can a person with no legal rights to do so, give another person a legally valid tenancy?
My Norfolk police under advise from their legal services states the they can! Maybe someone can point me to legal documentation which states who can give a legal tenancy to a third party?
I know a owner/landlord and tenant can, I believe a licensee can’t. I didn’t think a sub-tenant could? Can anyone point to a law or case law that proves one way or another?
My absent “legal tenant” has put in writing that he did not give his permission to anyone to occupy, (not that his contract allowed him) I didn’t give my permission to the new occupier.
My understanding is the new occupier was a legal trespasser when she believed she had a right to occupy, she made herself an illegal trespasser after she re-entered the property after she was aware (or else should have been aware) that she did not have permission to occupy.
The Norfolk police also stated that because the new occupier initially entered in good faith in the belief she had permission, she is entitled to re-enter even though she has proven (by her own report of fraud from a bogus landlord) the police knows she knows she do not have permission to be there, and they have quoted she IS entitled to the right of holding over that a legitimate returning tenant would have.
It’s not as if I have just left them to decide without my input, I have made multiple statements to guide them. It’s taken more than a month for two sergeants and their legal services and an inspector to get back with what I consider a result not even close to the 2012 law relating to squatters in residential property, of which I think I have a very good understanding of this well written short law.
I have made a last attempt direct to the inspector, to correct his sergeants. He propose to put my claims to a different legal service, he will make it a compliant. If it is allowed to get to the complaint stage if any legal minded sorts reading this fancy taking this up feel free to get in touch.
The implications if this goes unchallenged is that it makes an absolute mockery of this law which was derived to protect landlords and tenants alike from the nightmare of torment and costs that squatters cause.
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