Potential Squatter

tbs624

Triker wrote: »

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.

Yes, it should have been discussed with the LL/OP in advance butw omen fleeing domestic violence tend not to have the time or mental energy to think "ooh, must do right by my LL" in the early stages.

Alternatively, if the T is still within her fixed term then she may have thought that getting her mate in place would help negate her remaining obligations for the rest of the term.

Jowo_2

You could make clear to the tenant that without handing back the keys, liability for the rent continues as the property still remains in her legal possession because she did not hand back the keys with vacant possession. Tell her that she continues to accrue rent arrears which you will pursue her for.

However, I suspect the original tenant will still fail to accept her responsibilities and knows that as she has no income, any legal action you take to pursue her for the rent arrears is largely unenforceable, as you can't get money out of someone who has no income. I also expect she knows how to fly under the radar and will do her best not to be located. I doubt you are going to have a meaningful conversation with that tenant. Her mother is not responsible for any of her daughter's actions and it's not fair for you to disturb her on this matter.

If you are worried about the original tenant, then notify the Police that your tenant has reported to you that she has fled because she is a victim of domestic abuse as they'll have a specialist that deals with that type of crime. Alternatively, don't get sucked into any personal matters or sob stories and just focus your time on the legal process, remain professional, which means not getting emotional with the tenant, her mother or non authorised occupant and let the solicitor liaise with the tenant/occupier in writing.

evoke

N79 wrote: »

No, she is living in it lawfully at the minute as a guest of the old tenant.

How so? Has the squatter signed a tenancy agreement? The legal tenant has 'done a runner' so is in violation of any tenancy agreement.

My solution is the best. And being pregnant doesn't entitle you to take over someone elses property illegally.

tbs624

evoke wrote: »

How so? Has the squatter signed a tenancy agreement? The legal tenant has 'done a runner' so is in violation of any tenancy agreement.

"In violation"? Have you been watching too many US cop films?

Until the tenancy is brought to an end lawfully by the LL or formally surrendered by the T it still exists.

evoke wrote: »

My solution is the best.

Only in your head /Evokeland.

evoke wrote: »

And being pregnant doesn't entitle you to take over someone elses property illegally.

No-one has suggested that it does.

Any LL who fails to tread carefully around abandonment of a property/tenancy is a fool: one who followed your earlier suggestion would be an *absolute* fool

BitterAndTwisted

Evoke, you have your opinion and you're entitled to it but this discussion is about what might be lawfully done to gain possession, not acquiring a quick route to facing harassment and unlawful eviction charges in court.

abc1989

Is there a clause in the tenacny agreement which forbids "sub"letting.

ILW

Who is now liable for council tax, utility bills etc?

mywifeislovely

Hi All

Just to update....

i have spoke to the ex tenants mother and suggested to her that if the "squatter" doesnt leave i will have no choice but to take her daughter to court and evict her so i can have possession of the house back. This will leave her daughter with a ccj etc.

I know this is not the truth but its worth a try, the mother got on her high horse with the squatter and said " Im not letting her get my daughter in trouble" She told me to ring her tomorrow with an update as to whether she can persuade her to go.

Worth a shot before i get the court involved tomorrow
Thanks

Wee_Willy_Harris

If your wife is photogenic and looks good in a tent, might I suggest a quick phone call to GMTV?

In all seriousness, the "tent thread" would make interesting reading for you.

Wee_Willy_Harris

evoke wrote: »

Hear, hear. Being pregnant does not entitle you to enter and occupy someone elses property and then refuse to leave.

I think the objection was aimed at the use of force.