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Stranger in my apartment. Police say they can't do anything!?
Comments
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carefullycautious wrote: »Surely if you have no contract with this stranger you can remove him and his stuff and change the locks?
The original tenancy is with the first tenant but then again how does that work if the tenancy is still ongoing.
Confusing or what?
People don't have contracts with squatters either, but it doesn't mean you can just frog march them out. This is a complex case that needs proper legal advice.
I'd be inclined to approach the company that rented the house and explain the situation and say you'll be taking legal action to evict. Hopefully they'll find their employee other accommodation rather than risk them being turfed out on the street. Just make sure you have plenty of evidence to support the case that they have been defrauded by you tenant. Try to come to an agreement on a date for them to move out. Even if it's two months away, it probably going to be quicker than legal action. Maybe say that you won't pursue them for unpaid rent if they go within say 6 weeks? It's a bluff, but unless they are tenancy lawyers you might swing it.0 -
I know what I would do, but I cant put it into print. But basically I'd let a couple of friends know someone was in my property who shouldnt be0
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I know what you mean britishb: But the occupant (or more likely his company) has a valid tenancy with the original tenant - albeit agreed unlawfully, but a valid tenancy none the less. Unlawful eviction or harassment are criminal offences and landlord can & have gone to jail for them.
Quite right to! But equally Pythagoras has valid rights which need to be enforced: In this country we use the courts to do that, we are a civilised people.
Cheers!0 -
theartfullodger wrote: »But the occupant (or more likely his company) has a valid tenancy with the original tenant - albeit agreed unlawfully, but a valid tenancy none the less.
Is that really correct? I don't see how it can be a valid tenancy when the person purporting to be the LL has no right to do so. I would have thought it would automatically be an invalid tenancy.0 -
Is that really correct? I don't see how it can be a valid tenancy when the person purporting to be the LL has no right to do so. I would have thought it would automatically be an invalid tenancy.
What the original tenant appears to have done is sub let his apartment? As such the new tenant has an assured shorhthold tenancy.
very complicated hence the need for professional advice.0 -
According the Shelter website it states evicting an subtenant should be easy, it however doesn't go further. This applies as long as :
Your original tenant's contract stated no subletting.
You have not accepted any money for rent from the sub tenant.
If this is the case then the tenancy isn't permitted.
I would be seeking the advice of a solicitor on how you get possession from this illegal tenant.0 -
Pythagorous wrote: »I had a nightmare tenant who had been continually late paying rent then stopped altogether.
A good reason to vet tenants carefully. The whole matter was planned.Fella living there has just come over from abroad and as far as he is concerned his company organised this apartment for him so won't move out.
Can he prove this?
When does the 6 months expire?0 -
Is that really correct? I don't see how it can be a valid tenancy when the person purporting to be the LL has no right to do so. I would have thought it would automatically be an invalid tenancy.
You don't legally have to own a property to be a landlord. The original tenant had exclusive occupation and used this to sublet the property, which some owner-landlords allow. I believe this sub-tenant has a tenancy, legal advice will confirm if this is true or not, but if the original contract did not allow sub-letting then perhaps the OP can sue for breach of contract and claim for all the costs they incur dealing with the situation.Don't listen to me, I'm no expert!0 -
Do come back and let us know what the outcome is.0
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'apartment'
youre not stateside are you?0
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