Arrested tenants

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    Arrested tenants

    I've just found this site and I wonder if anyone can help me, I'm in a bit of a quandry!

    On October 19th we were contacted by the police, who informed us that our tenant was an illegal immegrant with a false identity, he was arrested along with another man who was living at the flat. The police left his pregnant girlfriend, her sister and a child in the flat, also illegal immegrants. (They have "no plans to take any action regarding them - at the moment"). We have been in contact with the women by phone and by arranged visit. They have agreed 2 separate dates to leave, both of which have passed and now say they want another 2 weeks. They are not paying any rent or bills and the tenant we had an agreement with was arrested owing us rent.

    As the original agreement used a false identity has the arrested tenant forfited any tenancy rights he may have had?

    Are these women squatters or some kind of tenant?

    Any ideas on how to get them to move?

    I obviously don't want to throw a pregnant woman and a child out onto the winter streets, but I have a small child of my own and rent to pay, I can't afford for this to go on much longer. What was meant to be a short term solution is turning into a potentially expensive learning curve about tenancy, the law and trust.

    Below is a potted history, in case it affects the course of action we can take.

    When my partner and I separated it was decided our 2 bedroom flat be rented out, while it was sold. It's now been on the market for 9 months.
    We had an AST with one tenant, which then became periodic. We got references from an employer and a previous land lord and saw 2 months bank statements. All seemed fine.
    Then a month or so into the contract the tenant said his sister and her 3 year old child were coming to stay for a while. We thought it was a temporary visit and didn't think about extending the agreement.
    The tenant was late paying his rent once and we made a verbal agreement for the debt to be paid off in instalments. This was fine untill July this year when the tenant became very hard to contact and although the rent was being paid, the debt ceased to be paid.
    Neither myself or my ex partner live near the property and when he visited at arranged times all seemed well, the flat was tidy, just the tenant and his 'sister' in occupation.

    Thanks

    #2
    Wow there's a complicated one, im not qualified to answer this, there are plenty on here who are. If you have used a agent, then straight to them ! but if this has been rented off your own backs, then you will need legal advice, I would think that the peopleleft should go to the council immediatly. Good luck, sorry I could not help, but somebody will.
    I am here because I am inexperienced and want to learn.

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      #3
      So the person named on the AST (albeit under a false name) is no longer there. Was the letting in sole name?
      If the "wife" did not also sign as co-tenant, she is now only a trespasser as are the other residents.
      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.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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