Vacant possession but "tenant" in residence without a contract

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  • Vacant possession but "tenant" in residence without a contract

    I own a house and had a partner who acted as agent and found tenants for properties I own. My partner has been signing tenancy agreements with the tenants for my properties. I am now selling one of my properties and the tenant who was there has moved out.

    I now have a buyer for the property and we are a few weeks from completion but what my partner has done is put a 'tenant' in the property to hold up the sale so it is not no vacant possession. He has told my solicitor what he has done and my solicitor now under a duty to disclose this to the buyers (solicitor is holding off telling vendors this for a week) to put pressure on me to give him money from the sale of house - this tenant has no tenancy agreement with me, the sole legal registered owner. This tenant is paying rent to my partner direct and not into my account.

    I got hold of keys and went round to the 5 bedroom house to see if ok and was upset to see someone is in residence but only temporarily as there is only 1 chair, 1 bed and a small suitcase in one room - there is no furniture, plates etc - clearly just temporary to frustrate me.

    I have since had my house set down as my main residence. I intend to go to the house with locksmith and change the locks as this person has only been there 1 week. I also intend to call the police when I get there as this person is a trespasser.

    Can i evict tenant without notice, change locks and throw him out

  • #2
    The situation is possibly complicated by the fact that your BF was your agent...and may claim he had your authority to act.

    You must get paid legal advice ASAP as to what your options are.

    My unprofessional view is that you immediately tell him in writing to get the tenant out or you will sue him for all your costs relating to the frustration of your sale or the decrease in sale price resulting from his actions. Give him 7 days or legal action will be taken.

    You could also write to the so called tenant and ask him to contact you explaining that your BF's actions were without your consent. And if you find that he is colluding with your BF he will find himself sued for any losses regarding your sale falling through. Advise him to stop paying any rent to your BF. Do not take any rent yourself.

    You should not change the locks in case the tenant knows nothing of this collusion; it could be illegal eviction. You can change the locks with the tenant's permission to keep your BF out.
    All posts in good faith, but do not rely on them

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    • #3
      I now have a buyer for the property and we are a few weeks from completion but what my partner has done is put a 'tenant' in the property to hold up the sale so it is not vacant possession. He has told my solicitor what he has done and my solicitor now under a duty to disclose this to the buyers (solicitor is holding off telling vendors this for a week) to put pressure on me to give him money from the sale of house - this tenant has no tenancy agreement with me, the sole legal registered owner. This tenant is paying rent to my partner direct and not into my account.
      How has this "pressure" been conveyed, as it sounds very much like blackmail or demanding money with menaces (or whatever the term is), to me. Report to the police and see a solicitor immediately (your conveyancing solicitor may not be the right person to advise).

      Get the solicitor to write strongly worded letters to the tenant & your partner, spelling out the potentially serious consequences of their actions (although one cannot assume the T colluded, and the police should investigate this). This may be enough to encourage the T to go.

      Do not change the locks, as the T may have a legal tenancy created by your partner; either way, illegal eviction is a serious offence and you should not risk placing yourself in that position.

      This thread on a similar situation may be of some help

      http://www.landlordzone.co.uk/forums...ad.php?t=13946

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      • #4
        What do you mean by "I have since had my house set down as my main residence." You have no intention of making this your main residence as it is for sale. And in any case does not assist you. You need professional advice on this before you commit an offence. Regards Peter

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        • #5
          Nice to have a friend on whom you can rely...
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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