Sec 21 served + possession order-what happens to bills from the illegal subtenant?

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    Sec 21 served + possession order-what happens to bills from the illegal subtenant?

    Hello to all. I'm new here. Looked through forum topics, but could not find the answer to this.
    My tenants moved out a couple of months ago. Unfortunately, they took in a freeloading (illegal( subtenant who seems a whizz at exploiting all around him through legal means. (It seems he has a long track record in suing people and dragging employers and landlords through courts to get everything for free).
    This subtenant is still in the property.
    I have a lawyer overlooking this action. A Section 21 was issued and he has obviously ignored this. A possession order has been lodged with the court.
    My question - what can I do about the electricity, council tax, gas bills etc?
    At the very least, I want to make sure that I am not caught paying these as well.
    Thanks for any advise. I have never had to go through this process before in 10+ years of being a landlord.

    A second question - I was relying on the rent money to educate my child. It has really thrown me into hardship. I have not been able to pay the latest school fees but the school is being a bit lenient and giving more time. As a single parent, this is causing enormous stress and hardship. I know all tenants think all landlords are multi-millionaires, but this is simply not the case. I am truly facing having to withdraw my child from school. Will the court take any of this into account?

    #2
    Just give readings when you finally get possession. Utilities will then chase whoever is mentioned on the account. (Presumable your old tenants who carelessly left someone at the property.) You should chase your old tenants for rent in due course.

    Comment


      #3
      Find out who the utility suppliers are and check who they have as being responsible for the bills. Chances are the tenants who have left have cancelled their liability and transferred it back to you and the current occupant won't have taken liability.
      Do the same with the council tax.

      The court won't take your personal situation into account when considering possession, but they might if you are agreeing a repayment plan with the tenants who owe you money.

      It's likely to take some time to recover possession and re-let the property, so you are (realistically) not going to have any income for the school fees anytime soon.

      What notice has been served?
      What steps are being taken to recover your losses from the tenants?
      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


        #4
        Thank you for your advice. A possession order has been made by my solicitor. As you mentioned, it has been made to the old tenants. It infuriates me that that the illegal subtenant will get away with this - a very scheming and possibly dangerous person.

        I have emailed the council two weeks ago (no reply, but I will keep the copy of the email).

        How can I find out which utility companies are supplying the property?

        And anther question (this whole this is so painful...)

        I already have accrued more than 2000 pounds in legal fees. At what stage can I claim these from the rental deposit?

        Comment


          #5
          Originally posted by ExpatlandlordLondon View Post
          Thank you for your advice. A possession order has been made by my solicitor. As you mentioned, it has been made to the old tenants. It infuriates me that that the illegal subtenant will get away with this - a very scheming and possibly dangerous person.
          When the court makes a possession order it is against an address, not just names people. Bailiffs will remove everyone in the property, not just the tenants named on the order.
          I have emailed the council two weeks ago (no reply, but I will keep the copy of the email).
          Call them. A copy email isn't any use to anyone.
          How can I find out which utility companies are supplying the property?
          https://www.ofgem.gov.uk/consumers/h...icity-supplier
          I already have accrued more than 2000 pounds in legal fees. At what stage can I claim these from the rental deposit?
          When the tenant agrees to that or when the tenancy has ended.
          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


            #6
            Originally posted by ExpatlandlordLondon View Post
            A possession order has been made by my solicitor.
            I think you mean a "notice requiring possession"; a possession order is made by a judge.

            Comment


              #7
              Thank you. Yes, I guess I mean a request for a possession order.
              Thank you for the advice. As the original tenants have left the property and are currently abroad, I guess that rather leaves the sub-tenant out of the loop. Can he spring any surprises? Does he have any rights to fight the eviction? He is not on the lease and the original tenants, if they cooperate, will not do anything to aid him. He made their lives hell.

              Comment


                #8
                He has rights, but what they are depends on the basis he was living there.
                If he was/is a genuine sub tenant, he has more rights than if he was a guest.

                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


                  #9
                  He was paying rent directly to the tenants, but he didn't pay them anything for several months before they moved out

                  Comment


                    #10
                    In which case, when you evict the tenants, the bailiffs will remove him, when the tenants right to the property is extinguished, he becomes a trespasser.

                    I'll lay odds he's transferred the utilities and council tax to you or plans to.
                    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


                      #11
                      He seems like the sort. He fraudulently misrepresented himself as the tenant when the Section 21 was served. I put nothing past this guy

                      Comment


                        #12
                        Hello, my tenants moved out a few months ago but left an illegal sub-tenant behind. He has not paid rent and I have been going through legal channels (using a property lawyer) to seek possession of the property.
                        My friend who lives downstairs thinks he's moved out. The lights have not been on, plants have been removed and there's been no sight of him.
                        What are my options? Can I ask the caretaker to enter the property to check?
                        My lawyer is on a long holiday until the end of January so unfortunately I cannot ask him.
                        Many thanks for your advice.

                        Comment


                          #13
                          Write to the tenant giving them 24 hours notice that you (or your representative) wish to enter the property to check on its condition and that, don't worry if no one is there, you'll let yourself in.
                          Then do that (lots of hellos and anyone there's as you enter).

                          If there's anyone there and they don't want you to come in, leave immediately.
                          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

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