Tenant has left the country - someone else is living in the property

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    Tenant has left the country - someone else is living in the property

    Hi there,

    My tenant has left the country without letting me know. Today I got an alert on my credit report with an unpaid balance of GBP1000+ for Water utility only. He obviously used my name to open this account almost 1.5 years ago. Just now it appeared on my report!!! He is not replying to my messages but I think his student visa ran out and he had to go back home. I stalked his instagram which is opened and left the UK a week ago.

    He had sublet the property before and for that reason I served him a section 21 before and I submitted the claim to the court but did not execute any further because the tenant came back to the property and kept paying rent on time. However, last few months he has been late on rent and is now behind owning GBP1000+.

    I want him out. After seeing his instagram I see he is not in the UK but most likely someone else is living in the property without my authorization! Who is that person? A trespasser? Who do I proof that the tenant has left the property? How would you proceed? I need to act as soon as I can but I am currently abroad and unable to come to the UK until next month!!!

    I have written some messages to the tenant but he has no replied - that is what got me suspicious! He said he was going to stay if his visa was renewed in May. But after seeing how he said good bye to London and flew back home obviously he did not get it.

    It is OK to just remove whoever remains in the flat???

    Regards
    Last edited by alejandrog89; 18-05-2016, 19:36 PM. Reason: extra information

    #2
    Originally posted by alejandrog89 View Post
    How would you proceed? I need to act as soon as I can but I am currently abroad and unable to come to the UK until next month!!!

    It is OK to just remove whoever remains in the flat???

    Regards
    No, it isn't OK to just remove occupants of the flat.

    Assuming the section 21 was correctly served (deposit protection complied with), act upon it now to gain a court order for possession. Then instruct bailiffs if necessary; they will (if necessary) remove any occupants of the property whether tenants, squatters, subtenants or whatever.

    You can still initiate proceedings even if you are abroad (or if you use a letting agent they can do this on your behalf). It will take several weeks to get a court date so you will probably be back by the time it happens.

    Have the current occupants paid you any rent, or not?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      He did not say anything but I've been told he is living there with (potentially) his sister by some neighbor friend. He keeps paying rent, late, but he pays although he owns me half a month for long time now and keep being late on paying rent (he is supposed to pay by 3 each month and normally pays a week late which unsettles my finances).

      However, the main AST which is now expired was on his name and no extra occupant was ever mention to me. Anyway, I believe I should focus on the fact that he has lost his tenancy protection as this place is not his home anymore (since he is back home and probably no visa to return to the UK - even if he plans to apply for a new one, no judge would get that as a valid). Another thing, I don't even think they will bother to respond to the court notice so I think there is no need to appear in court. I will follow that up tomorrow morning and see what the status is.

      Returning to the point where he left the country and his residency is no longer at the property, then if he does not appear, how do I know this people living in the property are not squatters? I mean they could be anyone and more when the main tenant has vanished!!!

      Comment


        #4
        Originally posted by alejandrog89 View Post

        Returning to the point where he left the country and his residency is no longer at the property, then if he does not appear, how do I know this people living in the property are not squatters? I mean they could be anyone and more when the main tenant has vanished!!!
        This is why I have advised you to proceed according to the normal s21 protocol, which you already have in motion.

        Otherwise, how do you propose to remove any existing occupants if they do not agree or wish to leave?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Do you know if the occupant of the flat has the right to rent in the UK as removing him may be significantly easier if he does not?

          Comment


            #6
            mind the gap,

            I've called the court and asked them to update my address so I can receive the paperwork and see what the status is - hopefully I will be able to apply for the possession order straight away as I sent the claim to court almost 10 months ago.

            Comment


              #7
              Goobs27,

              That is actually a very good question. My original tenant has for sure no right reside in the UK anymore hence, no right to rent. For what i've read, my tenancy agreement is with this person and any sublet - lodger - etc will fall with the removal of the original tenant. I will need to check up on that but thank you for the hint as it open a new world of possibilities I believe.

              Comment


                #8
                After a quick research it seems that I AM BRAKING THE LAW because my tenant does not have the right to rent and that I could be fined because I had to check every one year his residence status!!! Standard procedures apply, still have to go to the Section 21 route that I had started.

                Comment


                  #9
                  Get in touch with the Home Office in line with the procedure outlined in their Right to Rent advice.
                  They will (hopefully) remove the "tenant" which will make repossession easier.

                  Which may be the most wishful thinking post I've ever made...
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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