Unknown occupants

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    Unknown occupants

    just bought 3 bed house at auction and understand property is multiple occupied , no viewings were possible as occupants didn’t cooperate with estate agents. we do not know of any tenancy agreements.
    As house was part of deceased landlords estate (died 2015) relatives have just sorted estate and sold at auction. I want to move into house myself and need to know best course of action.

    #2
    If the tenants have been there a long time it may not be possible to evict them.
    You need to know a lot more about the arrangement to know what action is possible or advisable.

    If the occupants don't cooperate you may have to try and evict them and see what they say in their defence to know what to do next.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      You seem to have become the owner of a HMO. (Seemingly very carelessly).

      You may have become the landlord of the occupants, but from what you say then probably not.
      (There's a legal process to change landlords, I'm sure you would have known about that happening).
      You can't charge them rent if you are not their landlord.

      Not viewing the property first is irrelevant.
      Who you bought the property from is irrelevant.

      You don't know of any TA's?
      Did you not use a solicitor to check this, and other potential issues, out before you bought?

      Your best course of action is to get a solicitor on board, quickly.

      Get the solicitor to find out on what basis the occupants are living there. (And to check for any other potential problems).

      Until you KNOW just what the legal situation is then you are stuck with things as they stand - a property you can't move into, with occupants you can't charge rent, and can't evict.

      You could try to pay them all to agree to move, but even that would need doing carefully with the help of a solictor to make sure ther is no possible comeback.

      If they do have any kind of TA, or other legal basis for being in occupation, then you can't just throw them out and move in yourself.

      Also consider that you are probably(almost certainly) now liable for the Council Tax on that HMO property.
      You may also be responsible for any tenancy deposits that the occupants may have paid.

      You seem to have bought a pig in a poke, I'm sure others will be along with further comments.

      Comment


        #4
        Originally posted by nukecad View Post
        You may have become the landlord of the occupants, but from what you say then probably not.
        (There's a legal process to change landlords, I'm sure you would have known about that happening).
        If the occupants were the tenants of the seller, the OP would have become the landlord automatically on completion.

        Obviously, it's important to understand if the occupants are tenants or what status they have.

        If they are tenants, the OP needs to write to the tenants and give them the information required when there is a change of beneficial owner.
        And that has to be done to a deadline.

        I can't imagine what on earth the OP was doing buying this property without knowing what to do next or even if it's possible to remove the occupants.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Only become landlord fully after serving S3 notice . Need also to serve s48 notice before any rent is due.

          Can you prove you HAVE served such notice(s) on EACH tenant?

          Done any training in landlord/tenant law?

          Just because you become owner doesn't mean you can move in.
          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


            #6
            Originally posted by theartfullodger View Post
            Only become landlord fully after serving S3 notice . Need also to serve s48 notice before any rent is due.
            You become the landlord automatically.
            The notices are required to notify the tenant, but the change has already happened.

            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              You become the landlord automatically.
              The notices are required to notify the tenant, but the change has already happened.
              Up to a point, but not necessarily fully landlord. See s3 LL& T 1985
              http://www.legislation.gov.uk/ukpga/1985/70/section/3
              &
              http://england.shelter.org.uk/legal/...rds_identity#3
              Requirements when change of landlord

              If there is a change of landlord, the new landlord must provide the tenant with her/his name and address in writing:[8]

              within two months after the transfer of interest in the property, or
              no later then the next day that rent is payable, where this is more than two months after the transfer.

              If this is not complied with, the old landlord will remain liable for any breach of the tenancy agreement until either s/he or the new landlord provides the tenant with the new landlord's name and address.
              Appreciate this may appear to be to the advantage of the new owner, but he's also liable for fines, criminal offence etc: Sadly afaik almost never taken to court.
              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


                #8
                This could be an absolute ****-show.

                If you have no information you presumably don’t even know what the rent should be?

                If they’ve been there since the 80s then it could be decades until you can get possession.

                Comment

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