Using Trespassing Law to boot tenants out

deary65

The summons can be issued under persons unknown.

Scooby_Man

Well I went around to the property last night and the guy who answered the door managed to understand that he needs to be out by next sunday - well it took half an hour to get the message across - so I am hoping he understood. He seemed to understand the words 'Sunday' and 'out' - and agreed by repeatedly saying 'yes'.

I hope I don't need to escalate their eviction.

Scooby_Man

Out of interest, if they didn't move out and I went inside the house and set a bed up and stayed there, what could they do? (apart from beating me up!)

scrummy_mummy_2

silvercar wrote:

Leaving aside the tenants right to sub-let, they are there as a result of the actions of your tenants. Therefore your tenants should be responsible for ensuring their vacation of the property.

Consider a tenant who moves in a partner, either occasionally or permanantly; you serve notice on the tenant who vacates and takes their partner with them.

Not necessarily...if the partner has moved in and you (the Landlord) have not been advised by the Tenant, and then written to your tenant to say that the partner (named individual) is a 'permitted occupier' they (the partner/adult)can claim tenancy rights.
Anyone living at a property with a tenant (the person/persons on the AST) who is over the age of 18 (children/partners) can claim tenancy rights and you would have to evict them separately.
Haven't had to do it so can't advise on correct procedure/forms etc but I do frequently issue AST's in sole names when couples are living together in one of my homes and am STRICT about naming their partner as a permitted occupier on their offer letters to avoid this scenario.

Agree with advice to join NLA to get advice on how to get them out if necessary.

bionic_banjo

Just to share a story I just heard locally.....
Landlord let property to tenant. Tenant stoppped paying rent. Landlord asks tenant to leave. Tenant says 'get stuffed'. Landlord then brings in heavies to evict tenant. Tenant is out when heavies arrive. Heavies decide to clear belongings out of flat and burn them in local woods. Tenant arrives back to find flat cleared out, goes to police to report burglary. Police arrest him as illegal immigrant.

Maybe its true when they say 'what goes around, comes around'??

silvercar

scrummy_mummy wrote:

Not necessarily...if the partner has moved in and you (the Landlord) have not been advised by the Tenant, and then written to your tenant to say that the partner (named individual) is a 'permitted occupier' they (the partner/adult)can claim tenancy rights.
Anyone living at a property with a tenant (the person/persons on the AST) who is over the age of 18 (children/partners) can claim tenancy rights and you would have to evict them separately.
Haven't had to do it so can't advise on correct procedure/forms etc but I do frequently issue AST's in sole names when couples are living together in one of my homes and am STRICT about naming their partner as a permitted occupier on their offer letters to avoid this scenario.

Agree with advice to join NLA to get advice on how to get them out if necessary.

So how are you meant to know the tenant is there if (a) they weren't there at the start of the tenancy so no permitted occupier required (b) they move in gradually?
When do they become an occupier and how does this tally with allowing tenants "quiet enjoyment" of the property. If you don't know they were there, how can you regularise their occupancy? Clearly they are only there because of the tenancy you created with the tenant, so surely eviction of the tenant and their "guests" or "visitors" go with them?

scrummy_mummy_2

To be honest, I don't know.....I'm guessing it comes down to 'management' and 'inspection visits' by the LL and 'communication between the LL and the tenant.' Being totally on top of it basically!
However, I do remember this issue vividly from my NAEA law for LL training run by Marveen Smith who is/was the lettings lawyer for the NAEA at the time.
I have a tenant who has a girlfriend whom I know stays with him for a few days at a time, but doesn't give the property address as her permanent residence, so I have not included her as a permitted occupier. I would genuinely not know if/when she was to move in 'permanently' but I do routinely ask him when I do inspections as part of my 'chat' and have told him it can affect MY insurances if someone else moves in so could he, as a matter of courtesy, let me know if she does, and that his tenenacy would be UTTERLY unaffected.....no guarantee though!
However, I think it would be unlikley that the sub letters would know that they can claim tenancy rights unless they had a super hot solicitor and I supsect the only reason I know about it is because the solicitor for the NAEA specialises in tenancy law so knows it inside out and upside down.