How to evict Tenant not paying rent

jojo5678

greatcrested said:

Voyager2002 said:

jojo5678 said:

She didn't pay a deposit! This was waived as part of the original agreement due to her not being able to afford it.  She was supposed to pay extra to accrue a deposit but that has never happened.

No good deed goes unpunished!
If young children are being left there unsupervised, somebody ought to notify social services...

Age of children is not mentioned - I assumed (perhaps wrongly) they were adult....

Yep, lesson learned there hopefully.  Her children are both over 18 so considered adult and technically living rent free!

[Deleted User]

Your notices should be served to the tenant's address on the AST. Is your father's name and address on there too?
To the best of your knowledge two adults who are not your tenant are resident in the property. This is an outrageous situation and I hope contrary to a clause in the AST.

greatcrested

So the occupants are not tenants....

Weren't new rules brought in a few years back about evicting squatters....?

Yes S8 normally = 2 weeks notice but not in the current situation. See Coronavirus Act 2020 Schedule 29.

AdrianC

Don't forget that there is a temporary Covid restriction on evictions. Courts are not accepting any new possession claims for the next (nearly-)three months, liable to extension as required.

So, even if the tenant is given a valid s8, if they choose to ignore it, there's not a sausage your father can do until this is all over.

jojo5678

brett19852010 said:

Your notices should be served to the tenant's address on the AST. Is your father's name and address on there too?
To the best of your knowledge two adults who are not your tenant are resident in the property. This is an outrageous situation and I hope contrary to a clause in the AST.

Thank you for your response,
S8 hasn't been served yet but yes my father's details were on the S21.  Her two children are now adults and not on the tenancy agreement so technically squatting but that is another issue altogether.  I'm sure it will all get sorted through the courts once all of the current restrictions are lifted.

jojo5678

@greatcrested

Really?  That's worth looking into thank you 

greatcrested

jojo5678 said:

@greatcrested

Really?  That's worth looking into thank you 

More here. But on reflection I suspect they are, or will claim to be, either subtenants or licencees......

https://www.gov.uk/squatting-law

jojo5678

greatcrested said:

jojo5678 said:

@greatcrested

Really?  That's worth looking into thank you 

More here. But on reflection I suspect they are, or will claim to be, either subtenants or licencees......

Thank you, I doubt she would be clever enough to have given them a tenancy agreement and there is a clause in her current AST with regards to sub-letting.  The timing is just rotten due to coronavirus but at the end of the day they are just accruing more debt?  It's getting that that will be the problem.  

theartfullodger

Nothing has changed about how to evict tenant: Serve valid s21 and/or s8.  Wait for expiry, apply court, court, court order, expires, bailiffs/HCEO (assuming all paperwork perfect).  Just minimum of 1-3 months longer than before, probably even more with the backlog.

jojo5678

theartfullodger said:

Nothing has changed about how to evict tenant: Serve valid s21 and/or s8.  Wait for expiry, apply court, court, court order, expires, bailiffs/HCEO (assuming all paperwork perfect).  Just minimum of 1-3 months longer than before, probably even more with the backlog.

Thank you, takes as long as it takes unless they decide to leave of their own accord before then?