Difficulty evicting lodgers - help needed please

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    If they are AST tenants (which I suspect they are) and you have done none of gas certificates, EPC, Ludicrous How to rent guide, deposit protection and obtained proof of service of these to every tenant -- I think you are looking at 3 years to get them out plus penalties of 3 times the deposits, plus loss of the deposits, plus legal costs, plus no rent for years, and a trashed property. Could cost you £50K+

    Yes the police might well arrest you if you lock someone out of their home, and they are not simple lodgers.

    It would greatly help if you answered the questions asked of you.

    But absent that I would offer each tenant £5000 to depart and formally surrender their tenancy.

    Comment


      #17
      I suggest you wait to see if this person leaves. If they do not leave then get legal advice. If you are not 100% certain they are a lodger then do not attempt to lock them out. You have not provided sufficient information on this forum to ascertain whether they are a lodger or not.

      Comment


        #18
        AndrewDod - thanks. With surrender of tenancy, I understand it could still be a drawn-out process if he doesn't move as it would have to go through a court.

        One more question: the notice that was served stated a time and date by which to leave the property. Someone has suggested that could be a problem and normally only a date is specified. Does that render the notice invalid (assuming they're a lodger, that is)?

        Comment


          #19
          Originally posted by otorongo View Post
          AndrewDod - thanks. With surrender of tenancy, I understand it could still be a drawn-out process if he doesn't move as it would have to go through a court.
          Not really. Surrender implies that he agrees to move in exchange for the £5000 - else it is not a surrender.

          Originally posted by otorongo View Post
          One more question: the notice that was served stated a time and date by which to leave the property. Someone has suggested that could be a problem and normally only a date is specified. Does that render the notice invalid (assuming they're a lodger, that is)?
          Assuming they are not a lodger (you decline to tell us) the notice is invalid.

          If the are a lodger there is no absolute requirement to state a time. Assuming your lodger agreement doesn't say something about notice.

          Comment


            #20
            Before you carry on in this endless loop of possibilities you need to establish if they are lodgers. If you answer honestly the questions asked we can help.

            That is the only thing that is relevant for you as step 1

            Comment


              #21
              Originally posted by hybrice View Post

              Illegal eviction is certainly a criminal offence, but not one the police would be the slightest bit interested in pursuing. A local authority might, or someone could try by issuing proceedings via the magistrate's court privately, but I mean, unlikely is an understatement - as you need serious capital to launch private proceedings.
              This is not true. Providing the applicant qualifies financially for legal aid, this issue would fall into the category of qualifying for legal aid so would not cost the applicant anything.

              Comment


                #22
                Completely false. Legal aid isn't a given in any situation and you must pass a few tests before it can be provided. And they're quite stringent. The major one is likelihood of success. Now if the situation is as the OP describes, then this would fail at the first hurdle as the chance of regaining possession as a lodger is extremely unlikely.

                Legal aid isn't doled out simply because you have low income, otherwise there would be frivolous litigation thrown around by anyone who gets "free solicitors". If your case is unlikely to succeed, it won't be funded. Ergo, it's unlikely.

                Comment


                  #23
                  hybrice,

                  You are wrong. There is a question here to be determined and that is whether they are a lodger or hold an AST.

                  My post was in response to yours where you indicated the T would not be able to take action in the event of illegal eviction. You are wrong. Illegal eviction is covered under housing legal aid contracts. The remedy is an order to get the T back into the premises and/ or to claim damages.

                  The test of legal aid in the case of eviction is not whether it will succeed in getting the T reinstated, so much as whether damages are likely to be recovered.

                  Regarding the financial test, as to whether a T or former T would qualify is a matter of fact.

                  Comment


                    #24
                    If you live in the same property as these "lodgers", then even if there are no shared facilities, (or you can't prove that they are shared), they are likely to only be 'occupiers with basic protection' (see here: https://england.shelter.org.uk/housi...rights_checker). This would mean that although you can't just change the locks while they're out, they wouldn't be as difficult to remove as an AST tenant.

                    Speak to a solicitor to establish what type of tenancy this is and if you're worried get a letter from them confirming their advice that you can show to the police.

                    Comment


                      #25
                      Jon66,

                      Are you intentionally being dim? I just said if it's as the OP describes and they are lodgers. And if that is the case then nothing you said applies...

                      Comment


                        #26
                        We are agreed they are either a lodger, on an AST, or an occupier with basic protection. It has not been established with any certainty what their status is and don't be so bloody rude.

                        Comment


                          #27
                          Right, but I put my comments in context by saying IF that is the case. We can all play this "well, what if it's not and it's X" game, but I prefer to answer the question posed in the context it was posed in, rather than invent my own. My comments stand and are correct for the context I put them in. So who's being rude wading in saying "you are wrong" because you stripped away that context, making it incorrect lol.

                          Comment

                          Latest Activity

                          Collapse

                          • Reply to Tenant not paying and letting agent mismanaged
                            by MdeB
                            That is because you have to do things properly for S21 to be valid.

                            Do everything properly and the S21 is valid.
                            Get one thing wrong and it is invalid. There are many things to get right....
                            27-01-2022, 22:54 PM
                          • Tenant not paying and letting agent mismanaged
                            by Beeble
                            We rented a flat out with the local branch of a national estate agent. They were charging a very low fee (that should’ve had my alarm bells ringing) and had a tenant immediately available. This was Dec2020/Jan2021 and the tenancy paperwork they sent to me was minimal.

                            Tenant moved in...
                            25-01-2022, 15:37 PM
                          • Reply to Deducting Cleaning Costs from Deposit
                            by Lawcruncher
                            The requirement comes from the tenancy terms. There are various reasons why a contract term may be void or unenforceable. They include: illegal; impossible; contrary to public policy; statute forbids them to be imposed; unfair. A requirement to keep a dwelling clean and leave it it clean is none of...
                            27-01-2022, 22:20 PM
                          • Deducting Cleaning Costs from Deposit
                            by Piffy
                            I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
                            27-01-2022, 11:30 AM
                          • Reply to Inherited a few rentals
                            by AndrewDod
                            Almost everything is telling you to sell them - far away, no experience, higher rate taxpayer, current environment
                            27-01-2022, 22:04 PM
                          • Inherited a few rentals
                            by Landlord7289
                            Hoping for some advice on this situation from people who may have been through similar...

                            I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

                            My situation is I am early 30s in full time employment, live...
                            25-01-2022, 15:02 PM
                          • Reply to Deducting Cleaning Costs from Deposit
                            by DoricPixie
                            Lawcruncher,

                            Why does a tenant need to leave the property in a reasonable state of cleanliness if the property wasn't in a reasonable state of cleanliness at the start of the tenancy? Where does the requirement come from? The deposit protection schemes don't appear to take that approach...
                            27-01-2022, 21:11 PM
                          • Reply to Tenant has moved partner in.
                            by Hudson01
                            Totally agree, the classic - still the best. They sound like a nightmare and i would be looking to get rid as soon as i could whilst we still have S21, removing kitchen cupboards !!! In a 2 bed flat...... why the hell would you remove part of a fitted kitchen, what are you going to do with the space....
                            27-01-2022, 20:41 PM
                          • Tenant has moved partner in.
                            by Alison Laws
                            My tenant who is 4 months into her tenancy agreement has moved her partner in without permission and Im wondering can use this to issue a new tenancy agreement with his name on it. She isn't the easiest tenant and I would also like to add an agreement break to the new tenancy because of the difficulty...
                            27-01-2022, 15:30 PM
                          • Reply to Is time more important than money?
                            by Hudson01
                            In general time of course is more important than money, but often it is the ownership of enough money that gives you free time ! The tenants i doubt were thinking in such terms though, they were simply bone idle, i grew up in a dirty house as a child, the time my parents saved with not cleaning did...
                            27-01-2022, 20:34 PM
                          Working...
                          X