Temporary Accommodation Eviction - Grey Area

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    Temporary Accommodation Eviction - Grey Area

    I recently had an issue with evicting a temporary accommodation tenant
    A tenant that was resident for 40 nights refused to leave the accommodation
    Her stay was cancelled by the council on day 40 so she had to leave
    I got her to sign a B&B booking license
    She called the police - they came down and said that temporary accommodation was a grey area and they can't get involved
    I visited the next day when she was out and changed the locks - known as quiet possession
    She can't do anything about it - this is according to the council legal advisors, who i've taken their word as they have been in business for many years now
    My question is: what is the grey area that the police were referring to?
    Everyone's thoughts on this 'grey area' would be most welcome
    Thank you



    #2
    This is a civil matter not criminal, and so police does not directly get involved in evicting tenants.

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      #3
      An ordinary landlord physically evicting tenants would be committing a criminal offence, so the police would get involved.

      The grey area presumably relates to whether the sort of accommodation requires a court order.

      Comment


        #4
        Originally posted by spiritdreams View Post
        This is a civil matter not criminal, and so police does not directly get involved in evicting tenants.
        Err, yes & no. Illegal eviction (it may have been ..) is both a civil AND criminal matter which landlords can & have gone to jail for.
        http://england.shelter.org.uk/legal/...legal_eviction

        Just because someone signs & B&B deal doesn't mean that's what it is: See "Street v Mountford"

        https://en.wikipedia.org/wiki/Street_v_Mountford
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by PeterPhili View Post
          I recently had an issue with evicting a temporary accommodation tenant
          A tenant that was resident for 40 nights refused to leave the accommodation
          Her stay was cancelled by the council on day 40 so she had to leave
          This sounds like some kind of contract with the council?
          Maybe one of those deals where you have let your property to the council for them to house people temporarily?

          If that's the case then she is the councils tenant and the council have to evict her not you.
          The council will be your tenant, anyone they put in there will be their tenant.

          I'm not surprised that the police don't want to get involved, they know the kind of tenants that get housed on these deals.

          PS. I'm just reading back through your previous posts.
          Just a few quotes,
          My tenant has sublet one of my properties out.
          I'm renting out 2 rooms in my residence.
          I've been managing a property with 3 flats.
          I have a block of 5 studio flat's i've just taken over management.
          I have a 2nd commercial agreement between me and the landlord seperately.
          I'm studying for the ARLA
          Either you are running quite a few properties and having some very unusual problems, or all these are hypothetical (coursework?) questions.

          It is considered polite to state if you are asking a hypothetical/coursework question.
          You'll also get an answer more targeted at the coursework.

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