Problem with tenant and 'lodgers'

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  • Problem with tenant and 'lodgers'

    I would be very grateful for any advice.

    20 months ago we rented our house to a family memeber as we were struggling to sell. We agreed that he could share with a friend but the tenancy agreement would just be in his name (his request). He has lived there quietly and after 6 months his AST rolled over into periodic. We have had no problems whatsoever and rent has always been paid, that is until October.

    No rent was paid in October and only half in November making him currently 1.5 months in arrears. On visiting the property a couple of weeks ago we discovered that the original friend had left and had turned into three friends who he is charging rent (two have only been there 7 weeks - he was using this as a way to get out of his predicament, however they have not paid him!).

    The tenant has verbally agreed to leave the property by the 30th November, we are going to serve section 21 anyway (just in case) and on dec 2nd if he has not paid, a section 8 as he will be over two months in arrears at that point, then we will take from there. So I am not too concerned about him.

    My concern is these other unauthorised tenants I am unsure how I go about getting them out. One of them is causing considerable damage to the property. I am going to see them on wednesday, I have not accepted any money from them or recognised them as tenants, we did have brief conversations about offering them an AST on a shared house basis but after researching this have decided against the idea. Can anyone advise what the proper procedure is and if these people have any rights? Do I have to serve them any notices?

    They do know that the tenant is leaving (supposedly) on the 30th but they want to stay. I am going to consult a solicitor to serve the notices to the tenant - also is this necassary or can I buy them and do it myself?


  • #2
    Sounds like you have it covered, as long as you dont create a tenancy with these people, i.e. accept money from them, they have no rights and are basically guests of the original tenant, and when he is evicted, they will have to go as well, if they dont, call the police and have them removed as illegal occupants.

    The forms are free and easy to use, you can do it yourself, have a look through the forums for extra info


    • #3
      We had a similar situation. We took the tenant to court and at te hearing we informed the judge that there were others in the property, she had a quick look through her law books and granted possesion in 7 days needless to say he was still there so we go bailiffs in who arrived for 30 seconds and left!

      I know there has been a lot of discussion on lodgers etc but our experience was that they should not be there either.

      I have read somewhere that so long as your AST says that any monies received from a third party will be recived as an agent to the tenant you shoul dget round the creation of an AST with the third party, not sure how all this fits in though based on current debates on who is and who is not a Lodger! All seems to come down to what sort of mood the judge is on the day! I think it helped our case that we had travlled 130 miles to be at court and the tenant who lived 5 minutes away could not be bothered to turn up!

      Good luck!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


      • #4
        Dont think they can even be classed as lodgers sane, the owner does not live in the property, I believe they can only be classed as guests of the tenant, and have absolutely no rights to the property. Thats unless, of course, more than 2 months deposit has been taken (i.e. a premium) and therefore given the tenant rights to sub-let


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