Section 8 and subletting problem tenant.

[westy1800]

Hope you can offer advise regarding a problem I have with a tenant.

The AST 6 month ended on 6th October 2011 and the tenant is in arrears by three months.
I issued a Section 8 notice on 10 October and the tenant agreed to leave by 1st November, and is moving out today.

The problem is that he has a girlfriend living at the property and she is refusing to leave.
She is not a joint tenant and the AST only allows guests to stay for three weeks in any three month period which she has exceeded.

What course of action should I take gain possession of the property?

[theartfullodger]

Pursue S8 (and S21 if you have issued a valid one) against named tenant anyway, and eventually after court possession order & bailiffs arrive g/f will have to leave...

Do not (NOT!!) accept any payments of any nature from her or a new tenancy will have been established in her name...

Presumably "real" tenant is returning all his keys... (in circumstances I'd ask him to sign tenancy surrender deed also...)


As g/frnd is not a tenant perhaps another member would comment...would waiting for g/frnd to go out (no threats, no violence, get a witness..) then nipping in & changing locks be OK - or does PfE Act apply to this matter?? Clearly offer her her possessions, ideally getting a witness to observer handing them back (don't let her in again..)

After all that sorted, pursue "real" tenant for arrears..

Think having tenancy ended (by deed) may make getting g/frnd out easier..

Alternative route of telling tenant he is still liable for rent until she leaves an alternative, but not sure of pros & cons..

Think I've posted a more than usually vague reply, apologies..

[ram]

What course of action should I take gain possession of the property?

Others will tell you that you will have to get a court order to evict the
named tenant, and that anyone else in the property will also be evicted,
including the girlfriend, but that can take 3 to 6 months.

do not think about issuing a tenancy to the girlfriend.

One way round it is to say that the girlfriend is not on the tenancy, and if
she stays, she will be a tresspasser, and the police will have to be informed
that she is tresspasing.

That's what you tell her, and maybe she may leave, but that's all you can do.

Alternative is to move in yourself, after a week, as the new tenant / owner,
and say, who the hell are you, I have bought / rented / am the owner, and
I now live here, get out of my house. Then change the locks once she is out.

but make sure the named tenant has legally given up the tenancy,
OR the court grant you possession, before you move in.

I will get slated for above comments, but sometimes you have to ( say )
things in order to persuade people to leave.
But think carefully, or wait for other answers before you take action, but
action is required now, as it's the 1st today.

R.a.M.

[theartfullodger]

Think RaM on right lines...

If taking his suggestion (moving in, like that..) or changing the locks at all I'd suggest talking (maybe writing/emailing also..) to Police & local housing dept so they know what you are planning (think they'll be largely sympathetic..)..

Whatever you do, don't lay yourself open to any charge of harassment - be polite, calm, have witnesses if possible,,.,

[westy1800]

Thanks for the suggestions.
I have had a meeting today and I have agreed to give her until 14th November to leave, the tenant is also going to stay until that date.
They will give me full access to the property to start the renovations and decorate and have arranged a van to move their possessions into storage.
She offered money to stay but I would not accept as this would form a contract.

I took some advice from a legal source today who advised to try to sort the situation out without involving the courts. Maybe pay her to leave? Hopefully she will keep her word and leave by the 14th or I may have to resort to some other method?