Evicting someone not on the tenancy agreement

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    Evicting someone not on the tenancy agreement

    Another day, another problem.

    Property let to a single lady and her children, still in fixed term for another year (I know, I know, the landlord apparently met her and was happy to sign her up for a 2 year fixed term - this is another tenancy I took on in the buy out).

    There are arrears, enough to serve S8G8, but the tenant has absconded and returned to her home country. She's confirmed this in a Facebook message to me and has said she's willing to officially surrender the tenancy via email if I want her to.

    The trouble is, an ex-boyfriend is living in the property with an indeterminate amount of other people (his adult children, I think). He's told me he wants to stay in the property but can't afford to pay off the outstanding arrears. I also know that I don't want him as a tenant as he's well known in the area and has a track record of ripping people off.

    The landlord is relaxed about the rent, but wants the property back so we can re-let to decent tenants.

    But how do I get rid of him? If the tenant ends the tenancy with a valid NtQ, is he then a trespasser? If so what's the best method for evicting?

    Or is my best bet serving a S8 on every ground possible and going through the courts?

    #2
    If the tenant is in the EU, there is still the possibility of suing for the arrears.
    I would imagine it's more point making than likely to deliver any actual money.

    If the tenant surrenders, the occupants are trespassers and your landlord should be able to go to court to remove them.
    HCEO companies offer this service, but it's obviously more normally aimed at squatters and other forms of trespass (large groups of people occupying a field for example).
    I suspect that the might be an issue with the surrender if you know full well that the property is occupied, as it may be that the offer to surrender is flawed - however that would probably only be an issue if the occupant(s) defend the action.
    I'd guess an HCEO would know more than me.

    Section 8 has the benefit of being less problematic and well understood.
    And the occupants won't have any standing to be able to be involved until the point the bailiffs advise them that they're coming.
    And, even then, I don't really see what they could do in practice.

    Both processes would require some involvement by the landlord.
    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).

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      #3
      Originally posted by HantsAgent View Post
      The trouble is, an ex-boyfriend is living in the property with an indeterminate amount of other people (his adult children, I think). He's told me he wants to stay in the property but can't afford to pay off the outstanding arrears. I also know that I don't want him as a tenant as he's well known in the area and has a track record of ripping people off.
      Don't accept any rent off him. And advise the LL not to take take any.

      If either you do accept rent from him then he becomes a tenant (with a verbal/de-facto tenancy) rather than simply a trespasser.
      He might say that he is paying rent on the absconders behalf, be very careful to get that in writing, or better yet just refuse.

      Comment

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