We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
People living in property with no agreement, no rent. What are my rights
Comments
-
surely this is a wind up??"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
They were arrested by the police for beating someone up.
I saw an opportunity and changed the locks.
They always paid in cash I never asked for a deposit all utilities stayed in my name.
Illegal eviction then. Just because they are not nice people doesn't mean they don't have the same legal rights as tenants that you have yourself.0 -
I stayed in the property for about two months before I moved out.
My taxes haven't been filed for this year, but my accountant is aware so he will ensure everything is done properly as I am self employed.0 -
HampshireH wrote: »Can I ask a genuine question as I have seen this few times on the forum.
What benefit is there to rent a house privately and then sublet it out?
Renting a whole property and letting it out as individual rooms/bedsits is a money maker - providing nothing goes wrong. Quite common/normal in some other countries apparently, but legislation re letting here means it's not a good idea, too much risk.0 -
Then you are open to a charge of illegal eviction.They were arrested by the police for beating someone up.
I saw an opportunity and changed the locks.
They always paid in cash I never asked for a deposit all utilities stayed in my name.
Your tenant's problems with the police are of no relevance.
Denying a tenant access tto their home is illegal.
The only way you can end the tenancy is via either
* agreement with the tenants, or
* an order of a court, following a S8 or S21 Nottice.
Rent arrears do not justify or excuse an illegal eviction. Nor does arrest by the police. Indeed, even if a tenant is sent to prison that too does not end the tenancy - you would still need to go to court.
You should have used the rent arrears to issue a S8 Notice and get a court possession order.
You are potentially in deep doodoo!
The tenant is now back in his home where he has every right to be. I suggest you keep your fingers crossed that he does not accuse you of illegal eviction.
If you wish to evict him, follow the correct process. Read:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?0 -
Make sure you accountant (who I suspect may not be expert in landlord matters) knows you have to declare ALL the incoming rent: I doubt the rent you pay for the place would be a valid expense, but would love to hear of evidence otherwise.I stayed in the property for about two months before I moved out.
My taxes haven't been filed for this year, but my accountant is aware so he will ensure everything is done properly as I am self employed.
Landlords can & have gone to jail for illegal eviction: And been fined: Quite right too, sadly doesn't happen often enough.0 -
Coming back to the original post:People living in property with no agreement, no rent.
This is incorrect. You originally agreed that they could move into the property and accepted their initial payment. This created a verbal tenancy agreement. You have now decided that you want to end that agreement.
You need to change your mindset. So far your tenants haven't done too much legally wrong to you. They haven't paid the rent on time, but there are many reasons that can happen and the law is written in favour of the tenant, at least initially.I have 3 months left of the tenancy agreement.
Can I do anything? Can the landlord do anything? to get this guy out?
Can I somehow find a way to get my deposit back at least?
The deposit is the least of your worries. Obviously at the moment you want to evict these tenants. What would you do if the landlord tries to evict you before you've been able to evict them? What will you do if your tenants cause damage to the property? Your landlord would expect you to pay to fix such damage, and you'd be unlikely to successfully recover that money from your tenants.
What does your landlord know about the situation? Could you convince him to sign a new tenancy with your tenants, replacing your tenancy? Obviously you'd have to rely on him not asking for references!
Alternatively, can you convince the tenants to leave of their own free will? Perhaps agree to write off their rent arrears and help them find a new property to move to?
Failing that, look at eviction for rent arrears as discussed above, but don't expect it to be quick or cheap. How far behind on rent are they? The tenant who *is* paying the rent could complicate things. Do they have joint or individual contracts? I'm not sure how you'd determine that, but it could have a big impact. If it's joint then his rent payments would reduce the overall arrears. How long have the tenants been in the property? I assume they'd be treated as having a 6 month AST, so if it's more than 6 months then the friendly tenant could serve notice on behalf of the other tenants, which would at least end the tenancy.
Hopefully this gives you some ideas about how to proceed, but you need proper legal advice. And trust anything G_M and theartfullodger say over me - they know much more about this!Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.6K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.7K Work, Benefits & Business
- 603.1K Mortgages, Homes & Bills
- 178.1K Life & Family
- 260.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards