Evicting tenant without tenancy agreement - Help please

marcusjames

Hoping someone can offer some advice.


As background, a friend of mine moved in with his partner and offered his empty house to his daughter and her boyfriend (both mid-20s). Everything was fine initially but then they stopped paying him rent and the boyfriend became abusive. I've tried to mediate between them but with no success.


They have not paid rent for almost a year and given the father the runaround with lies and empty promises. They have refused to leave and asked to be evicted to get a council house! I can't believe the attitude of some people (refusing to pay and assuming tax payers will house them!), but that's a different thread.


A section 21 was issued back in July and the case went to court today. It was thrown out as there is no signed tenancy agreement in place. One was issued (soon after they moved in) but they never signed it. I believe there is an underlying verbal agreement (and an issued, unsigned AST agreement) but the courts disagree.


Can anyone advise the quickest route to evict from here.


Thanks

CIS

You're probably going to need specialist advice - did you protect the deposit ?

Craig

G_M

I'd get legal advice.

The answer that jumps to mind is to appeal. From my limited understanding, and from the little you've said, it appears tome the court got it wrong.

There was an agreement the couple would pay rent in return for the property, thus there was a tenancy (verbal not written). There is no legal requirement for a written tenancy agreement.

(though your friend has been foolish on two counts:
* no written agreement
* letting to family)

But appealing is not to be taken lightly, hence take legal advice.

Did they EVER pay rent, and can that be proved?

If not, then what the court may rightly be saying is that they have a licence to live there, not a tenancy.

Licencees have few rights - chuck them out!

(and hope they don't then claim to be tenants and accuse him of illegal eviction!)

Minefield......

G_M

CIS wrote: »

You're probably going to need specialist advice - did you protect the deposit ?

Craig

Deposit?

The[STRIKE] OP[/STRIKE] 'Friend' did not put a written tenancy agreement in place - I doubt they took a deposit off his daughter.......



or declared the initial rent (if any) to HMRC; or had a gas safety check done.......

marcusjames

Thanks all.


A solicitor took the case to court. Unfortunately he's now on holiday for a week but will know more on his return.


P.s. It is honestly a "friend" and not me. That said, I would probably make similar mistakes if I were in his position. Every day's a school day.

[Deleted User]

This might work in your friend's favour. Get legal advice.., your friend might be able to just throw them out if there is no tenancy agreement and a judge has said so.

But your friend will need to tread carefully. Unfortunately, if he has records of rent being paid initially (cash only.., might be difficult to prove this) I'd agree the judge is wrong. But gonna be expensive to prove this. Solicitor should have obtained these records in absence of a tenancy agreement. If he did, judge would have had little room for manouvre but unfortunately if he made the judgement regardless of the evidence.., there's no one to stop them on the day.

Guest101

I suspect the problem here was the solicitor.


Even a lay rep would have mentioned a deemed tenancy at this point.


A solicitor should've included this in the pack!