Rented to illegals

wesleyad

Right here's a weird one:

I got a phone call this morning from the police saying that they have raided a house I let and arrested the tenants on drugs charges. They also believe the tenants are in the country illegally. They say the tenants have likely faked documents to get past the right to rent. They also said the house itself was clean so I wouldn't have noticed anything out or the ordinary during inspections.

But now I'm kind of left in limbo. The guy in charge of the operation says they are not coming back, they are either going to jail or going to be deported, and to start clearing the house. House door is boarded up, but house is still full of their belongings and a car on the drive!

However I know when it comes to tenancy law the police can be a little misinformed. As of this moment I have no proof they are illegal, just the word of the police.

If they are proven to be illegal does this end the tenancy?

If I never get proof what would be plan of action? Serve a s21 as normal? Can it even be served to a boarded up address?

Have to admit I feel a bit of a fool for not noticing anything but the police assure me in these situations the culprits are normally squeaky clean outside of their dodgy dealings.

charlotte1994

This is a tough one. Personally I would wait for the police, to let you know if they are illegal.

Have to admit I feel a bit of a fool for not noticing anything but the police assure me in these situations the culprits are normally squeaky clean outside of their dodgy dealings

don't worry about it, you can't keep and eye on your tenants 24/7. At least they kept your house in good nick.

chanz4

obtain legal advice

davidmcn

I don't think their immigration or criminal status affects the validity of their tenancy, so usual rules apply if you want to end the lease.

Cakeguts

Just as a matter of interest how did they pay their rent? Do they also have bank accounts or was it in cash?

c_tyler

davidmcn wrote: »

I don't think their immigration or criminal status affects the validity of their tenancy, so usual rules apply if you want to end the lease.

It should affect, once an illegal immigrant is not allowed to rent a property. So if they lied about the right to rent the property, I would assume the contract is broken.

But I agree, seek legal advice. They know exactly where you stand.

foxy-stoat

Get legal advice, I do not think you can assume you can skip their possessions and re-let the house to others on the basis that a guy from the police told you over the phone that people they arrested are going to prison or deported.

What happens if they don't and start legal action on you.

Remembering a case where a guy when to prison, the landlord took all his stuff to a charity shop and he sued her from prison.

theartfullodger

Ask police to confirm in writing your tenants will not come back.

£5 says police won't.

System

If they don't have the right to rent because they don't have the right to be in the UK they can no longer be classed as tenants.

Comms69

wesleyad wrote: »

Right here's a weird one:

I got a phone call this morning from the police saying that they have raided a house I let and arrested the tenants on drugs charges. - how did they have your number? They also believe the tenants are in the country illegally. They say the tenants have likely faked documents to get past the right to rent. They also said the house itself was clean so I wouldn't have noticed anything out or the ordinary during inspections. - irreleavnt

But now I'm kind of left in limbo. The guy in charge of the operation says they are not coming back, they are either going to jail or going to be deported, and to start clearing the house. - ignore this terrible advice House door is boarded up, but house is still full of their belongings and a car on the drive! - The police DO NOT decide who goes to prison

However I know when it comes to tenancy law the police can be a little misinformed. As of this moment I have no proof they are illegal, just the word of the police.

If they are proven to be illegal does this end the tenancy? - no

If I never get proof what would be plan of action? Serve a s21 as normal? Can it even be served to a boarded up address?yes

Have to admit I feel a bit of a fool for not noticing anything but the police assure me in these situations the culprits are normally squeaky clean outside of their dodgy dealings.

Sounds a bit far fetched though

theartfullodger

Tarambor wrote: »

If they don't have the right to rent because they don't have the right to be in the UK they can no longer be classed as tenants.

Not yet: Landlord needs to get Police to supply a notice from the Home Office that complies with section 33D(2) of the Immigration Act 2014.
http://england.shelter.org.uk/legal/housing_options/private_rented_accommodation/right_to_rent_immigration_checks#9

The Home Office notice ‘converts’ the occupier’s or occupiers’ status to that of an excluded occupier and allows the landlord to end the agreement by serving a minimum of 28 days’ notice, on a prescribed form.[30] The disqualification notice must be attached to the prescribed form.