Taking over T's lodgers

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  • #16
    Fine.
    Not sure there's that much to worry about, though.

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    • #17
      UPDATE

      I decided that a clean break would be the best policy.

      T returned from his holiday and gave one months notice. He also gave notice to his lodgers. I wrote to the lodgers shortly after telling them their moving out deadline and provided a good reference to help them as they have indeed taken good care of my house, etc.

      The lodgers expressed their concerns about finding another house due to lacking the usual credentials sought by letting agents. I very luckily found them a house through a private landlord but they said they don't like it very much.

      It now looks as though they may intend to stay put against my wishes. As they are not tenants and have no contract with me, I am not sure what the procedure is to evict them. A previous reply said they would be 'trespassing'. What is the procedure and do I need to wait until notice expiry to start it? I will not accept any payments from them and will not give them permission to stay. At what point will I be allowed to enter the property? I need it back to live in myself.

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      • #18
        Your departing tenant is responsible for giving you the property back with vacant possession. If he has given the lodgers reasonable notice then, before he leaves, he could change the locks to exclude them and give the keys to you. Thus .........vacant possession. It would be messy, but it would be legal.

        Needless to say that all possessions should be stored safely and undamaged for the lodgers to collect. Once he has evicted them do not allow them into the house again.

        Make sure everything is witnessed/videoed because I see this turning into a proper little spat.
        I offer no guarantee that anything I say is correct. wysiwyg

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        • #19
          Whilst you are correct and it would solve one aspect of this problem, the tenant has already moved out and paid his final rent installment. I doubt that he would be willing to do such a thing to his friends and getting mesne profits out of him will be next to impossible. He will most likely leave the problem with me.

          I will have to do things by the correct process but I don't know which is the correct procedure as they are neither my tenants nor my lodgers nor squatters.

          At least by starting a legal process they will know I'm being serious and will take alternative accommodation if they are offered it whether they like it or not. I'm not the kind of person to physically evict people by surprise and I don't want things to potentially escalate in a nasty way.

          So, with that in mind, what is the appropriate procedure assuming they are still there after T is gone?

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          • #20
            Perhaps your ex-tenant will be willing to do the unthinkable when he receives your demand for rent, you are entitled to charge him until you get vacant possession.
            I offer no guarantee that anything I say is correct. wysiwyg

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            • #21
              It would perhaps be thought unfortunate by the tenant if HMRC heard about his other income from renting property (oh yes, needs declaring...) and thus might be amenable to certain action in expectation of a certain report not happening....

              btw I know HMRC take note of such info ...but would rather not go into the details hereabouts...

              Cheers!
              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...

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              • #22
                I don't have a forwarding address for T, therefore it will be very hard to get him to do anything. Most likely I will have to get them out myself. T agreed to speak to them and recommend they take the house that was offered to them. If T does not remove them, what can I do?

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                • #23
                  You should be able to find your tenant quite easily to commence eviction proceedings. Firms advertise on here - fees from £36 no-find-no-fee.

                  You would evict your tenant for trespass and the bailiffs will remove all occupants. Takes about 4 weeks in total. You haven't accepted any rent of the lodgers have you?

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                  • #24
                    UPDATE:
                    Just to conclude the thread, it all worked out OK in the end. I think I was worried by all the horror stories I read on here.

                    The lodgers found a new house with a private LL through work colleagues. They moved out before the deadline.

                    There was no deposit to return but I ended up giving T £120 for improvements and white goods he left behind as a good will token.

                    I think in future I will need to organise things better and be more in control.

                    The incident did highlight the severe shortage of accommodation available for tenants who do not have perfect credentials. Standards of LLs have improved tremendously over recent years but LL's will only accept high status T's. Rental accommodation is almost unanimously of a very high, everything brand-new standard. Cheaper, less luxurious properties with easy-going LL's do not exist anymore, so lower status T's have few options and risk homelessness. I think this is a serious problem for those who are less well off but not poor enough for social housing.

                    Many thanks for all the helpful responses received.

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