Tenant abondoned property

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    Tenant abondoned property

    Unknown to me a tenant moved her boyfriend into the property.

    I was never asked permission & he was not included on the tenancy.

    She has now telephoned me to say she had a "domestic" with her boyfriend. The police & social services have taken her to a safe house / hostel, she will not be coming back to the property.

    I have asked her to remove all her contents which are still at the property & reminded her that she has not given me any notice.

    The boyfriend is still at the property.

    My question, am i within my rights to take back the property?, change locks etc.... & does the boyfriend have any rights?

    No he doesn't but it appears you have let in your tenant without doing the most basic of checks? Your tenant is still the tenant but is breaching the terms of her AST as it is no longer her only or main home. You still need to instigate court proceedings to be on the safe side.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Unfortunately he does have certain rights. Since he was a guest of your tenant he was a permitted occupier. The lady is still your tenant and in order to remove him you need to serve her notice, then apply for a possession order if you need to, eventually having the bailiff evict whoever is resident at the time. Or you could get her to surrender the tenancy.

      If she has to go back to the property in order to collect her stuff when the boyfriend is out, you could get her to sign a surrender there and then and change the locks to prevent access to anybody else. I think that would be legal but wait for others to comment.
      I offer no guarantee that anything I say is correct. wysiwyg


        He has no rights. But as long as the tenancy runs you can do nothing as it is between him and your tenant.

        Once the tenancy has ended he will be a trespasser and you will be able to just change the locks when he is away in order to prevent access.
        Note though that if stays within the property and refuses to leave you will have to seek an eviction order and the help of the bailiffs to physically remove him.


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