Tenant illegally subletting- what can I do?

petelondon

hi
I guess I just need to vent or hear from anyone who has been in my situation.

I rented out my 1 bed flat via a High street Estate agent last year (Feb) and they rented it out for me, signed Tenancy Agreement for 3 years.

I got my rent pretty much on time until this Feb when I and my EA tried to chase payment all the contact numbers were disconnected.

I went round to see what was going on and to my shock found a couple who spoke very little english.
What happened is my ' tenant' had rented to them and is still claiming housing benefit on the place. The new 'tenant' had been there for 5 months but had not signed a contract so they have nothing to prove they should be there. I told them this is such a stupid thing to do, paying cash with no contract.

The police had been round there as well as my council benefit fraud team.

The other guy has now disappeared and i want to get these people out ASAP. I gave them 2 weeks to move ( from end of Feb) but they keep coming up with excuses so I am not thinking of changing the locks when they aren't there and leaving their belongings packed up waiting for them - after all- they have no legal right to be there and I have been patient for nearly 3 weeks in allowing them to find somewhere.

If I get a solicitor to serve them notice, will this guarantee they have to be out of my flat in 14 days?

I really dont want this dragging on as it has been a month already.

I am also worried about unpaid bills and will this come back on me?

Am just so frustrated about all this.

Jowo_2

Three year tenancy agreement?!! Does it have a break-clause? Was this with the tenant or did you sign up to some kind of scheme with a social housing landlord?

If you accept any rent from the people present there without your permission, you can inadvertently create a tenancy with them. Have you accepted any rent from them?

I assume the bills are in the tenant's name? Did you cancel all your accounts with the service providers, including council tax, utility bills, water, etc?

Did you receive the housing benefit directly from the council or did the tenant?

AFAIK, if a tenant abandons a property, a landlord must regain possession back through the courts, taking the missing tenant to court, and the possession notice applies to any occupants who remain. Obviously it's worth you checking verifying this and seeing if there is a quicker process.

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

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

EDIT - the landlordzone has a residential forum where some of its members work in a legal capacity in housing, such as a solicitor. Check there if there is any accelerated method of securing possession when the original tenant has sublet and abandoned it.

Annisele

Do not just turn up and evict them.

I'm not sure whether they'd count as squatters or not - but even if they are squatters, they can't be forcibly moved without a court order (http://www.landlordzone.co.uk/squatters.htm).

I'd suggest you get legal advice sharpish as to their actual status and how to get rid of them - getting it wrong is likely going to be far more expensive than paying a lawyer to get it right.

petelondon

hi Jowo

thanks for the links.

It was all done via a reputable high street estate agent, all legal and above board so I thought there would be no problems.

I cancelled my contracts with the utilities and the EA put the tenant on there. It was the rogue tenant claiming housing benefit and he was then subletting to the other people and getting £700 a month cash in hand from them.

Also I have definitely NOT accepted money from these other people who are there illegally. I did not want to get into further problems this way.

RAS

petelondon wrote: »

Also I have definitely NOT accepted money from these other people who are there illegally. I did not want to get into further problems this way.

Make sure that it styays that way, as this prevents tghem being viewed as tenants.

And make sure the EA knows they are forbidden to take rent.

GavB79

They've been there five months, why not just offer them a tenancy? How much above 700 were you charging?