Previous tenants still in property i've just rented

cirrusmp

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robpw2

1, they will need to issue a section 8 for non- payment of rent
2you will not have to pay rent untill you take up tenancy
3. no rights and to force entry etc would be illegal

ILW

I would tell them you want your deposit back immediatly, and then find somewhere else.

clutton_2

i would look for alternative accommodation immediately and get your deposit back.

any landlord who signs a new agreement with you before his old tenants has left simply does not know what he is doing.

i am a LL.

All LLs need a court order if a tenant will not move out voluntarily.

He will have to either issue a Section 8 or a Section 21 notice and these could take up to 3-4 months to get a court order for possession. Even then the tenant does not have to move out, and the LL will have to go back to the court to get a Bailiffs warrant.

cut your losses and find somewhere else now.

newlywed

Some councils want you to have an actual eviction notice from the court before they will then house you.

So possibly not completely the family's fault as the council may have told them they have to wait for an actual court order before they will be given alternative housing.

barnaby-bear

cirrusmp wrote: »

Hi There,

As i've mentioned before on the forum i'm starting a new job at the beginning of october. Due to this I am moving into a new rented property on 12th September. My lease is due to start on the 3rd and i contacted the landlord yesterday to inform them of my planned move in date and to check it was ok to pick up the keys etc.

She informed me that the previous tenants were due to move out the day before yesterday but were still in there when i spoke to her last night. She has said she will be speaking to them today however has also said that they owe her 3 months rent already. She also said in the same conversation that it has something to do with the family in there at the minute waiting for a council house.

Obviously i am now worried, particualarly as these people owe rent money.

My questions are:

1. What is the process the landlord will have to follow to get rid of these people and how long will it take?

2. What are my rights with regard to getting my deposit returned and do i have to pay rent before they have left the house?

3. As the tenant, do i have any rights to enter the property and force these people to leave?

I don't know much about this stuff so am just asking for advice.

I have signed a 12th month assured shorthold tennancy agreement and the deposit has been paid.

Important is whether the LL has signed a contract - and whether you have a copy. If they have signed you could pursue them for costs of alternative accommodation and the extra expenses this will incur.

The one at fault here is the LL for renting it out while there is still a tenant. The tenant there has a legal right to stay until the LL gets them out legally, could be several months.

princeofpounds

Again, if they are waiting for a council house they will need an eviction notice. So they are unlikely to leave unless the landlord commences proceedings. This will be a matter of weeks, not days.

You should be looking for somewhere else, although you might want to leave it a day to see if the landlord speaking to them gives any results.

Your AST will be frustrated if there is no free house to occupy, so you don't need to worry about being chased for rent although it is always good to get something in writing confirming that you couldn't move in as promised.

You should also request your deposit and all fees back, unless you are given an alternative for the interim period. If you don't get them, you must go to the small claims court.

Remember that your deposit must be protected within 14 days of receipt, not 14 days of the tenancy starting, so if they do not protect it or return it you can also try claiming the 3x penalty

You might also wish to post on landlordzone forums. They are particularly good at legal questions relating to tenancies.

PrincessPlaty

If im not mistaken the council wont rehouse them if the eviction is based on 3months worth of rent arrears. Though they may provide temporary accomodation whilst it is investigated however if it is clear from the off that there is rent arrears then they wont be rehoused even with the eviction notice

OP i would cut your losses, get your deposit back and find somewhere else there wont be a quick end to this one!

clutton_2

a council will not rehouse a family in family accommodation if they have been evicted for arrears, as they will deem the family to have made itself voluntarily homeless by not paying their rent

OP - do start looking now for somewhere else, you only have 10 days

b w

cirrusmp

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silvercar

robpw2 - Does it make a difference that i would not actually be forcing entry, i'd have keys, as it has surely become my house since the tennancy agreement comes into force and they do not have one?. A similar situation to telling a visitor to get out of your house?

This is not your business. The landlord needs to give you vacant possession on the day the contract starts. Don't get involved in evicting current tenants, that is the job of the landlord. The current tenants have the right to quiet enjoyment until evicted by a court/ baliffs or they go freely. You certainly can't gain entry and throw them out or move in with them.