eviction of person not the tenant

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    eviction of person not the tenant

    I have a tenant who owes arrears with rent, wont get a job & wont leave. She has brought in another person. This other person has no written agreement or acceptance of any sort from me. What do I do about him? Dont tell me I have to follow the same lengthy procedure to evict him as Ido my legitimate tenant!?

    #2
    As far as i'm aware you would just proceed with evicting the tenant named on the tenancy, and any related parties would also be evicted if it got to the bailliff stage? Who they invite to live with them should not be a concern for these proceedings.

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      #3
      Originally posted by jghomer View Post
      As far as i'm aware you would just proceed with evicting the tenant named on the tenancy, and any related parties would also be evicted if it got to the bailliff stage? Who they invite to live with them should not be a concern for these proceedings.
      Yes. L's contract (letting) involves only T and not cohabitant who is, from viewpoint of L, only a trespasser without any security of any kind (but you cannot evict even a trespasser unless you obtain a Court Order).

      The Protection from Eviction Act 1977 defines "residential occupier" who cannot be unlawfully evicted- however, that means only "a person occupying the premises as a residence, whether under a contract..or any enactment or rule of law..." so a trespasser is outside the definition.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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