Can landlord unilaterally move in with tenants?

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  • Can landlord unilaterally move in with tenants?

    I have given my tenants their 2months notice 3 months ago and they are not going to move out, so i will have to go through the courts ect. However is there any law stating that i cannot move my furniture and belongings in and live in the spare bedroom with them so that they can maybe change their minds? After all it is still my house.

  • #2
    Yes there is such a law: The Protection from Eviction Act 1977. Try it and you'll be up in court.

    It is your house. Problem is, it is also theirs - and moreover it's their home and it's not your home.
    The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

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    • #3
      is there any other way I can get them out more quickly or the 3months its going to take in court?

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      • #4
        Originally posted by 1234508 View Post
        is there any other way I can get them out more quickly or the 3months its going to take in court?
        You issue notice, you wait for the notice to expiry, tenants move out, if tenants stay you go to court for a possession order, if tenants still stay, you call in the court bailiffs.
        No other way.

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        • #5
          The tenants in question were vetted by my letting agency as 'a lovely couple who we have never had any problems with' so i said that was fine for them to rent from me. However i now need the house myself and issued them the notice and now they are refusing to go as they do not like any of the other houses the letting agency has offered them. Could i sue the letting agency?

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          • #6
            Originally posted by 1234508 View Post
            Could i sue the letting agency?
            Sue them for what? Not being a lovley couple!

            Simple answer NO.

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            • #7
              Ok thank you very much guys i now know what i can and can't do. Oh the joys of being a landlord.

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              • #8
                Originally posted by 1234508 View Post
                After all it is still my house.
                You lent it to them, in return for them paying rent, remember?

                So sadly unless and until you regain possession legally, you have no right to enter it without their permission, let alone to live there.

                I hope you protected their deposit if necessary?

                Anyway, I think you probably win the prize for the most ignorant LL ever, if that's any consolation.

                Peter

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                • #9
                  Originally posted by pcwilkins View Post

                  Anyway, I think you probably win the prize for the most ignorant LL ever, if that's any consolation.

                  Peter
                  Way too harsh Peter!!

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                  • #10
                    Originally posted by 1234508 View Post
                    The tenants in question were vetted by my letting agency as 'a lovely couple who we have never had any problems with' so i said that was fine for them to rent from me. However i now need the house myself and issued them the notice and now they are refusing to go as they do not like any of the other houses the letting agency has offered them. Could i sue the letting agency?
                    Not unless the agency has done something negligent - do you have reason to suppose they have?

                    eg, if you found out that in fact they had been evicted for rent arrears from their last three properties, and the agency were aware of this and lied to you - otherwise you really can't expect to hold an agency responsible for every tenant who turns out to be less than perfect.

                    If they won't go when told, then they will be liable to pay the £150 court fee (and if necessary the subsequent £95 bailiff fee), so it might help if you point that out to them.

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                    • #11
                      Originally posted by Colincbayley View Post
                      Way too harsh Peter!!
                      Well, do you know a more ignorant LL then?

                      Perhaps it was little harsh but really...for a LL to think it might be legal to move into T's home to drive them out is pretty impressive.

                      Peter

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                      • #12
                        Originally posted by pcwilkins View Post
                        Well, do you know a more ignorant LL then?

                        Peter
                        As Chris Tarrent says 'it is only easy if you know the answer!'

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                        • #13
                          Originally posted by Ericthelobster View Post
                          Not unless the agency has done something negligent - do you have reason to suppose they have?

                          eg, if you found out that in fact they had been evicted for rent arrears from their last three properties, and the agency were aware of this and lied to you - otherwise you really can't expect to hold an agency responsible for every tenant who turns out to be less than perfect.

                          If they won't go when told, then they will be liable to pay the £150 court fee (and if necessary the subsequent £95 bailiff fee), so it might help if you point that out to them.

                          I see what you mean but surely that won't matter to them as they are paying about 75pounds a month for the 3 extra months they will get to stay there.

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                          • #14
                            Originally posted by Colincbayley View Post
                            As Chris Tarrent says 'it is only easy if you know the answer!'
                            ...and what does "ignorant" mean?

                            Peter

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                            • #15
                              Originally posted by 1234508 View Post
                              I see what you mean but surely that won't matter to them as they are paying about 75pounds a month for the 3 extra months they will get to stay there.
                              They will be liable to pay the three month's rent as well.

                              Peter

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