Eviction advice needed

HeatherH

This is being asked for a landlord friend.

A couple was living in a landlords rental property, only 1 of them is actually on the tenancy, because of income problems, the lady of the couple has moved out because she can no longer pay rent. We are under the impression that the couple have also split.

The man of the couple continues to occupy the property and believes that he religiously has right to be there (long story). I personally think otherwise as he was never on the tenancy and apparently is not on any documentation to say he lives there (not on any bills or bank statements etc)

This tenancy has been going on for about 16 years, and to be honest, the state of the place is now rather bad. The landlord just wants to take back the property, tidy up and redecorate the place to then be able to rent again.

So, what rights does this apparent "tenant" (I use that word loosely) and what steps can the landlord take to legally remove this person from the property. The landlord avoids friction, so I can't see him going round there just to throw him out, and like the money savers we are, he'd like to avoid a costly court battle as much as he can.

Please help x

Mouseman

Gonna be an interesting one this. Does the remaining tenant have the right to claim an implied tenancy as they've been there for years and had no arguments brought by the soft landlord? SUrely bottom line is a section 21 issue will force him to leave? So 2 months notice and you're done. Have no idea of the intricacies of that when there's no formal agreement between parties though.

Best of luck to your friend!

HeatherH

Mouseman wrote: »

Gonna be an interesting one this. Does the remaining tenant have the right to claim an implied tenancy as they've been there for years and had no arguments brought by the soft landlord? SUrely bottom line is a section 21 issue will force him to leave? So 2 months notice and you're done. Have no idea of the intricacies of that when there's no formal agreement between parties though.

Best of luck to your friend!

Thanks Mouseman,

I believe that no notice of eviction has been served because it was not known if it was needed because of the lack of official tenancy, but on the other hand we do not know if the length of time that he has lived there changes this.

There is no friction between the parties as yet, but apparently the tenant believes they have religious right to be there, not a legal right, but a religious right. I must say I did giggle when the landlord told me this, but hopefully a letter of a eviction whether needed or not, will open his eyes a bit.

Hopefully others will be able to give more info on this.

Mouseman

Oh Lord, one of THOSE "I have a right to be here". Best of luck with that...

My post was merely speculative and not to be taken as advice. I shall watch the thread to see where it goes though. One of the super posters will come out with the correct legislation in no time I have no doubt.

Jowo_2

Has the landlord ever received a rent payment from them directly? In the absence of an AST, acceptance of rent could be regarded in law as the creation of a tenancy.

Go through the tenancy check wizard on the Shelter website to establish the type of tenancy the original tenant has (as some older tenancies have much stronger security of tenure).

clutton_2

post this on www.landlordzone.co.uk where solicitors regular answer complex queries like this

HeatherH

Jowo wrote: »

Has the landlord ever received a rent payment from them directly? In the absence of an AST, acceptance of rent could be regarded in law as the creation of a tenancy.

Hmm interesting point, I will ask next time I see the LL. I know that the rent used to be paid by HB, but the claim has been suspended.

Jowo_2

Your friend claims there is no 'official' tenancy so I assume you mean that this chap is either not on the tenancy agreement (provide the date and type) or there is no written contract. But an absence of a signed contract does not necessarily the occupant does not have a tenancy and the rights that come with it (which are higher for older tenancies, btw).

did the lady, who your friend views as the original tenant, give a notice letter? it could be worth contacting her to request one to formally terminate her tenancy agreement. tenants who abandon the property are still required to pay the rent until possession is formally back with the landlord (notice letter, keys, vacant possession), etc.

so you will need to provide a lot more info on the contract, the date/type, if/how the lady ended the contract.

HeatherH

clutton wrote: »

post this on www.landlordzone.co.uk where solicitors regular answer complex queries like this

Thanks Clutton, will go over and see if they can help

HeatherH

Jowo wrote: »

Your friend claims there is no 'official' tenancy so I assume you mean that this chap is either not on the tenancy agreement (provide the date and type) or there is no written contract. But an absence of a signed contract does not necessarily the occupant does not have a tenancy and the rights that come with it (which are higher for older tenancies, btw).

did the lady, who your friend views as the original tenant, give a notice letter? it could be worth contacting her to request one to formally terminate her tenancy agreement. tenants who abandon the property are still required to pay the rent until possession is formally back with the landlord (notice letter, keys, vacant possession), etc.

so you will need to provide a lot more info on the contract, the date/type, if/how the lady ended the contract.

As far as I know, she gave a verbal notice, but nothing in writing as yet.
I'll speak to the LL friend and see what contract was in place. Thanks

Rob_M

Follow the no Tenancy Agreement rule (there might be one implied because of the term-just not in writing).