Tenant Damaging Property

rockinter

Hi I have a couple who are renting a room, I have given them a 2 month notice to to leave the property, which has expired. And they are not leaving saying that the council has not given them another property so they are not leaving. They have 2 babies.

All the other tenants have left when I gave them the notice as I want rent the house out to a single family.

Now they are removing door locks
Locking the 2nd door into the property (I did not give them a key to this door), so I can not get into the property
Broken taps and they are using all the kitchen cabinets, leaving shoes in the stairs and putting all their stuff in the corridor.

Is there anything I can do?

clutton_2

did they sign an AST ?

if so - they do not have to leave until you have a court order.... did you issue them with a correct Section 21 notice ?

when did they last sign an AST - how long is the fixed period.. and when and how did you serve notice ?

with 2 babies in one room.. and many other tenants is this a registered HMO you are operating ?

rockinter

Yes it is HMO.
I do not have a AST with them as I gave the property to a single person and he left the tenants in the property when he left/ finished the contract.

clutton_2

so are this couple sub-tenants of the original tenant ?

The local authority may well have advised them to stay put as some council refuse to consider homelessness applications until a Court Order has been obtained..

some councils say that tenants who leave before the court order are "deliberately making themselves homeless" and will not rehouse them

with two babies.. you can hardly expect them to walk out onto the pavement.. whether they are squatters, subletters or tenants...

i would ask this question over on www.landlordzone.co.uk - there are LL&T lawyers post on there.....

rockinter

Yes they are sub-tenants of the original tenant

clutton_2

have they paid you any rent - and how long have they been there ?

G_M

rockinter wrote: »

Yes it is HMO.
I do not have a AST with them as I gave the property to a single person and he left the tenants in the property when he left/ finished the contract.

So you had a contract with a single person for the whole house and (s)he sublet? With or without your knowledge /permission? What was the contract with the single person?

Or have this couple been paying you rent? Are they still paying you rent?

If your contract was with the 'single person', why were you giving notice to the couple with whom you have no contract?

You'll need to clarify the contractual arrangements if you want advice!

rockinter

Yes my contract was with the 1 person for the whole house and he sub let it. When I found out he ended the tenancy agreement to leave, but left his tenants in there.

Since then his tenants paid me rent. There is no contract with them. I told them all to leave. Most of the tenants left except this couple. I gave the couple notice because they said that they needed a notice to leave and get a house.

olly300

rockinter wrote: »

Yes my contract was with the 1 person for the whole house and he sub let it. When I found out he ended the tenancy agreement to leave, but left his tenants in there.

Since then his tenants paid me rent. There is no contract with them. I told them all to leave. Most of the tenants left except this couple. I gave the couple notice because they said that they needed a notice to leave and get a house.

Unfortunately the fact that you accepted rent from them means they are now legally your tenants.

You need to get proper legal advice immediately as it could be possible that you accepting rent directly from them from a particular date, and therefore recognise them as tenants means they have a right to a 6 month AST with you. In other words you may not be able to legally evict them for another 4 months.

Mankysteve

Also worth noting that the standard you can not enter the property without giving at least 24 hours notice and they can refuse still applies. Expect in emergency of course.

theartfullodger

olly300 wrote: »

Unfortunately the fact that you accepted rent from them means they are now legally your tenants.

You need to get proper legal advice immediately as it could be possible that you accepting rent directly from them from a particular date, and therefore recognise them as tenants means they have a right to a 6 month AST with you. In other words you may not be able to legally evict them for another 4 months.

I agree...

As the "Street vs Mountford" case (1985, you know, you remember..)
http://www.letlink.co.uk/case-law/tenancies/street-v-mountford-1985.html

and others subsequently, you have granted exclusive possession to these people, are accepting rent, they have a tenancy. And, since the acts that brought in Assured Tenancies/Assured shorthold tenancies that means they have an AST - regardless of what any agreement says (there is none..) or that there is nothing in writing.

To get an AST tenant out you need a court order, implemented by a bailiff of the court. And that is after issuing a notice 2 quit...

Process goes like this...
a) After 6 months from start of tenancy (their tenancy, not the original single tenant's tenancy) ensure the section21 notice you already issued is valid...Make sure you can prove you sent it. Many landlords (and agents, and solicitors) get these wrong & courts then chuck out case later (Unless T more than 2 months behind with rent, in which case go S8 route)
b) Apply to court for a possession order. Hope you filled paperwork in right, as many LLs (& As & S's..) get this wrong & case is chucked out...
c) Court hearing: Perhaps Judge is kind & grants possession order...
d) Steady on! Not yet... You apply to court bailiffs to evict tenants...
e) On that day you & bailiffs turn up, to be greeted by local press & TV cameras...

Probably about 8-9 months start to finish, if tenancy very recent..

In your shoes I'd try bribery...


Cheers!


Artful.. (Landlord)


PS A couple & 2 kids in one room & you've granted them a tenancy?? Hope the local council crack down on any landlords that do this sort of thing. Sounds like overcrowding to me..
PPS Tenants with ASTs are entitled to change locks as long as they reinstate old ones when they leave...
PPPS This all assumes you are in Engerland