Tricky situation?

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    Tricky situation?

    Greetings one and all.

    I have a flat which I let to a couple and then left them alone.

    The couple moved out and there is another couple still there.

    They say they paid the previous couple some money IE the previous couple sub let one of the rooms.

    My problem is getting rid of them.

    What would people suggest, I mean effectively they are squatters, they have also asked me if they can take on the tenancy but I don't think they can afford the rent, I think their plan is sub let the front room just like the previous couple so I am a little unsure of what to do next.

    Does anyone have any advise?

    Thanks.

    #2
    Assuming you've not accepted rent from occupants...

    (If what they say is true) The occupants are tenants of your tenants. They are not squatters..

    You need to end your tenancy with your gone-tenants, probably through the courts: Court possession papers are written that Mr Tenant, Mrs Tenant & other occupants must leave so that will boot the current occupants out.

    However it might be quicker & easier (& possibly cheaper) to try bribing occupants to leave.

    Whatever happens I'd get them out - they are unknown, un referenced, un-creidt-checked, not chosen by you -
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Who do the current occupiers pay rent to?
      Are the 'real' tenants still paying you?

      You state in one part that "there is another couple still there" and yet towards the end, you suggest they are only renting a room?

      Are you in touch with the real tenants?

      Comment


        #4
        I have a forwarding address for the previous tenants.

        The previous tenants who have now left had an assured tenancy agreement all above board and always paid their rent on time.

        This couple seem reasonable and I think are prepared to leave if I ask them to.
        They want to take on the tenancy but I have doubts they can afford it and I think they have it in their mind to rent the front room out in the same way the previous tenants did.

        If I ask them to leave I will give them a couple of weeks free rent to do so but at the moment the decision I have to make is whether to accept them on a new tenancy agreement, an assured shorthold tenancy agreement.

        They are Bulgarian and if they lose their jobs I doubt very much they will be able to claim housing benefit as they are both self employed.

        I'm meeting them tonight to discuss a new tenancy agreement with them and they have the rent and deposit already, I'm not really sure what to do, take a chance or ask them to leave.

        I mean this can't be the first time this has happened, people rent houses and then rent rooms out to their friends, it must happen a lot.

        Comment


          #5
          I would be tempted to take a chance on them.
          Sad to say, but I find foreigners to be quite honest and not up for playing the system in a way home grown people do.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by Edii View Post
            I have doubts they can afford it and I think they have it in their mind to rent the front room out
            They are Bulgarian and if they lose their jobs I doubt very much they will be able to claim housing benefit as they are both self employed.
            .
            Don't do it.

            Just get them to leave. ( you can have 50 more posts on here, but
            you will end up with the decision, to "get them out" )

            They can't afford the rent,
            They are not eligible hot .L.HA.
            They WILL rent out the front room.

            And when they have gone back home to Bulgaria, not paid rent, there
            is NO way you can trace them.
            You could end up in the same situation you are in now. They leave
            but you find another couple there and 27 more in the attic.
            Or they leave and trash your house, andno way will you be able to sue
            them in Bulgaria, and any address they give you will be false.

            Get them out.

            R.a.M.

            Comment


              #7
              Well I am going to have a chat with them tonight and get more information.

              I want to get names of employers etc etc.

              Keep the opinions coming please because I have not been in this situation before.

              Thanks.

              Comment


                #8
                Edii,

                How would you cope if you didnt receive rent from your tenants for 8 months?

                Dave

                Comment


                  #9
                  It would hurt.

                  The trouble is as RAM says if they fleece me there is no way of ever getting my money back.
                  How can you chase a debt all the way to Bulgaria?
                  I have their passport numbers and their employers name and addresses but that doesn't mean much.

                  Common sense tells me to get rid of them but my softy numpty conscience tells me to give them a chance.

                  I will have a chat tonight and let you know how it went.

                  P.S. Why would it take 8 months to evict?
                  Surely it could be done quicker than that?

                  Comment


                    #10
                    Your current tenants still have a tenancy, therefore you can not just grant a new tenancy to the Bulgarian people in addition to that. You need to end the current tenancy first.

                    So, your first point of contact must be the real tenants to see if they are willing to surrender the tenancy, and if they are, then you should get a deed of surrender.

                    If not, they remain liable for rent.

                    Comment


                      #11
                      Contacting the previous tenants won't be a problem they will be fine.

                      What I'm thinking of doing for the mean time (and I have spoken to the Bulgarians this evening and they are in agreement) is to move into the front room myself because it needs some work doing.

                      This means the Bulgarians will effectively become lodgers of mine and have agreed to this, they are quite flexible.

                      Once I have completed the work I want to do we will take it from there.

                      It's quite a big flat and with rents down my way being so expensive it is better to be flexible.

                      So for now the Bulgarians are my lodgers, can anyone see a problem with this?

                      Thanks.

                      Comment


                        #12
                        The Bulgarians are already tenants (your tenants sub-tenants), so they have tenancy rights. You can't 'down-grade' them to lodgers even if you move in.

                        Now your plan will probably work fine (on the basis the Bulgarians won't know their rights) unless things start going pear-shaped and your 'lodgers' find themselves at the CAB or council Housing Department.

                        Comment


                          #13
                          So how do I end the Bulgarians rights as sub tenants?

                          With a deed of surrender?

                          And what if the Bulgarians agree to sign a new contract?

                          Comment


                            #14
                            Once you have evicted the real tenants (or got a deed of surrender) the Bulgarians become your tenants, so you evict them if you don't want them. If you get them to sign a deed of surrender and they stay on as lodgers, it is likely that a court would recognise that as a sham arrangement.

                            Comment


                              #15
                              Much obliged.

                              At the end of the day I don't want to evict anyone, they are quite happy to live there and I am quite happy letting them do so.

                              The deed of surrender is my next port of call.

                              Do you need a deed of surrender if someone is your lodger IE if you want a lodger to move out?

                              Comment

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