Potential Squatter

zzzLazyDaisy

She is a squatter. She does not have a tenancy agreement with you, and she does not have your permission to live there (your former tenant cannot just hand over the tenancy to her).

However, squatters have rights and you can't just throw her out and change the locks, so you'll need to make an application to the court. You need to act quickly though. More info here....

http://www.landlordzone.co.uk/squatters.htm

EDIT - apologies, someone has already posted the link.

pimento

PRINCESSX87 wrote: »

I'm no expert, But i'm pretty sure the OP cant just go and kick her out with force! What a really stupid thing to suggest in the first place.
Did you not read the part, She's pregnant?

It's a silly idea I agree, but what has the fact that she's pregnant got to do with it? It's not an illness.

Triker

If she is indeed pregnant. You don't tend to show much at 4 months.

PRINCESSX87

pimento wrote: »

It's a silly idea I agree, but what has the fact that she's pregnant got to do with it? It's not an illness.

Any claims under sun can be made, If the OP use's any force on her,
While she's pregnant, If anything should anything happen to her unborn child (If there is one)

Triker - Thats 50/50, Many do show!

Jowo_2

I do not believe she rates as a squatter even though she is present without the permission and knowledge of the owner as she has been let into the property by the tenant, she did not enter an empty property.

If the OP accepts any rent from her, she will inadvertently create a tenancy so should not accept any rent.

The OP should seek legal advice now. It is likely that the OP must seek possession of the property through the courts by taking action against the tenant who abandoned the property because even though she left a note, she did not return the keys, and this could be viewed that she is entitled to take up occupancy again. The action will apply to all remaining occupants and the possession order enforced against the property in general, rather than just the original tenant. They will have to see if there is an accelerated possession process that's available, otherwise she is looking at a number of months to regain possession. OP needs to find a solicitor specialising in housing law to serve all the proper notices to end the tenancy and take back the property through the courts.

http://www.landlordzone.co.uk/Possession.htm

Here is a thread about a similar scenario (though the original tenant did return to take up occupancy after handing it over to a friend which shows why it is hazardous to assume the original tenant has permanently left).


https://forums.moneysavingexpert.com/discussion/2519181

The OP needs to tell forum members what kind of tenancy she has with the original tenant, whether it is still within the fixed term or is periodic, if there are any rent arrears, if there is a guarantor, whether they served an S21 to the tenant already (assuming England/Wales), whether the deposit was lodged in a tenancy deposit scheme.

Here's some info about how a landlord should act when their tenant has abandoned the property without handing over possession properly.

http://www.landlordzone.co.uk/legal/abandonment.htm

If you change the locks when the legal possession still remains with the tenant, this can be considered harassment and illegal eviction, which is a criminal offence and which can lead to the court imposing a huge fine on the landlord in the form of compensation to the tenant or their occupants. Courts don't take kindly to landlords who act aggressively even when the tenants haven't abided by the terms of their contract. Again your solicitor can confirm.

http://www.landlordzone.co.uk/harassment.htm

mywifeislovely

Wow thank you everyone for your thoughts and advice.

The old tenant left her mothers number on the letter, so i will contact her today and suggest they ask the lady to leave or i will have to issue court proceedings against her daughter.

I will look into the links on the landlord zone and come back to you with what my next steps could be.

i was orginally going to ask for the keys back but not sure if this would help at all now.

Thanks

BitterAndTwisted

Be wary of visiting the property without an independent witness: people can and do make all sorts of claims about harassment when they're pushed into a corner or think things aren't going their way.

When you speak to the tenant's mother on the phone I think you should ask for the return of the keys as this is a very important part of establishing that someone has officially and formally left the property but as you know, she's passed these on to the occupant so it might not get you anywhere.

Triker

mywifeislovely wrote: »

Wow thank you everyone for your thoughts and advice.

The old tenant left her mothers number on the letter, so i will contact her today and suggest they ask the lady to leave or i will have to issue court proceedings against her daughter.

I will look into the links on the landlord zone and come back to you with what my next steps could be.

i was orginally going to ask for the keys back but not sure if this would help at all now.

Thanks

Contact her now, please don't hesitate to start action, even if you just get the court to send you out the necessary documentation, start NOW...honestly this isn't the time to be 'nice or decent'...your former tenant hasn't been nice or decent to you by just upping and leaving.

As an afterthought, if your tenant left re domestic violence then maybe her circumstances are slightly more complicated than first thought but please don't leave it too long.

tbs624

See pages 2 and 3 here http://www.landlordlaw.co.uk/content/ArticleSquatters.pdf

Get yourself an appointment with an experienced LL& T lawyer pronto.Many will offer a Fixed Fee initial interview

Sign up to LandlordLaw or the NLA/RLA - tax deductible mebership fees and much useful support. LL Law is run by a qualified LL& T lawyer.

tbs624

BitterAndTwisted wrote: »

OP, the first thing I think you should do is to contact the Local Authority and tell them to stop any HB/LHA payments to the old tenant for this property.

The OP says that the Council has contacted her to let her know that the T has left.

BitterAndTwisted wrote: »

If she's still receiving it the LA may come back to you for repayment even if the old tenant hasn't forwarded the monies on to you.

Not so - only applies where payment made direct to the LL.