Claiming Possession on Rent Arrears but Trespass?

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  • Claiming Possession on Rent Arrears but Trespass?

    The background to my tenant is that his ex-partner (and daughter) split-up from him last year and he has been sub-letting rooms in the house (without consent) and also not paying the rent. The AST for the letting was signed only with him.

    Although my claim for possession of the property is on rent arrears grounds (S.8 served on grounds 8, 10 and 11) I wonder if I should be ticking other boxes in Form N5, particularly trespass.

    My concern is that the tenant might eventually abandon the property leaving sub-tenants in the house. Should I be concerned about this, or would the bailiffs deal with this problem if it arises?

  • #2
    Originally posted by bsx043 View Post
    The background to my tenant is that his ex-partner (and daughter) split-up from him last year and he has been sub-letting rooms in the house (without consent) and also not paying the rent. The AST for the letting was signed only with him.

    Although my claim for possession of the property is on rent arrears grounds (S.8 served on grounds 8, 10 and 11) I wonder if I should be ticking other boxes in Form N5, particularly trespass.

    My concern is that the tenant might eventually abandon the property leaving sub-tenants in the house. Should I be concerned about this, or would the bailiffs deal with this problem if it arises?
    Tenant is not sub-letting. The people in his home are 'lodgers' or 'excluded occupiers'. They have negligible tenancy rights so when the tenancy ends, the lodgers leave also.

    Whatever you do, if the tenant does leave, do not accept rent from the odgers as by doing so you may create a new tenancy.

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    • #3
      Snorkerz, thanks for the clarification. I take your point that there are lodgers or excluded occupants in the house. Should I therefore worry about the ticking Trespass in my claim for possession (apart from rent arrears) in Form N5?

      The tenancy agreement does actually say: "...not to assign, sublet or part possession of the Property in any way without the consent of the Landlord, that consent not to be unreasonably withheld".

      I am just wondering what the implications might be in the event that the tenant abandons the property leaving these occupants in the house while I am claiming for possession on rent arrears grounds.

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      • #4
        Originally posted by bsx043 View Post
        Snorkerz, thanks for the clarification. I take your point that there are lodgers or excluded occupants in the house. Should I therefore worry about the ticking Trespass in my claim for possession (apart from rent arrears) in Form N5?
        No, nobody is trespassing - they are there with the agreement of the tenant.
        The tenancy agreement does actually say: "...not to assign, sublet or part possession of the Property in any way without the consent of the Landlord, that consent not to be unreasonably withheld".
        None of these apply - to sub-let would mean the tenant leaves and grants a tenancy for the property to the sub-tenants, this hasn't happened - and even if it has, it would be invalid as the tenant would currently be a resident landlord
        I am just wondering what the implications might be in the event that the tenant abandons the property leaving these occupants in the house while I am claiming for possession on rent arrears grounds.
        You would give 'reasonable notice' to the lodgers and continue with your possession claim. All the time lodgers are present, the tenant remains liable for rent. If it went as far as bailiffs, the lodgers would be removed at the same time.

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        • #5
          On another point...

          Thanks, Snorkerz, for the information, most useful.

          On another (related) point, I could add the following information that I know about the tenant’s circumstances (in claim form N119, section 7) since it might be relevant to my claim for possession on rent arrears grounds:

          The tenant is claiming housing benefit...
          The tenant has housed lodgers at the property...
          The tenant is also working ...

          Now, I am wondering whether I need to add more precise details here? Also, do I need evidence to substantiate my claim here?

          I have some information about where he is working, and also the fact that his claim for HB has now been suspended after I informed HB that the tenant is in arrears of rent over eight weeks. About lodgers, he himself has admitted and confirmed by neighbours...but I wonder if all this is necessary..

          Any assistance on this matter appreciated, thanks.

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          • #6
            Have emailed you copy of witness pack.

            I would say that if you want to include any of those statements in Section 7, you should make sure you can prove it, or give enough information to show you know it is true - you have to sign to say its all true ....

            BTW, why don't you do this using PCOL? save yourself £50 quid and hassle of posting (for now anyway). And can be sure of getting a date quicker than if you posted it to the court first!

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            • #7
              Originally posted by bsx043 View Post
              1. The tenant is claiming housing benefit...
              2. The tenant has housed lodgers at the property...
              3. The tenant is also working
              ...
              None of these are grounds for eviction imho.

              If you had included g14 in your s8 then 1 & 3 might be relevant
              If you had included g12 in your s8 then 2 might have been relevant

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