Landlord rights

MenInBlack

Hi

I'm asking for a friend who is really upset regarding the issue. She is a landlord of a property and has rented it to someone who is carrying out illegal activities.

Can she evict the tenant? Also she has no access to the property. Can she be held liable for her tenants activity if she was unaware of what was going on?

Any help will be appreciated. I just want to reassure her.

Thanks

dimbo61

No she has no rights 
All part of the joy of being a Landlord.
What is written in the tenancy agreement ? 
What checks did she or her Lettings agents carry out before handing the keys to a stranger ?
Has she got Legal cover on her Landlords insurance.
What illegal activities are being carried out ? 
Report them to the Police 

anselld

Of course she has rights (provided she can prove allegations in Court).
Eviction S8 ground 7a, serious antisocial behaviour or ground 14, illegal or immoral activities.   Ground 7a one month notice, ground 14 immediate proceedings on serving notice.  

Depends on the nature of the activities and the availability of evidence.
She cannot be liable for the tenant's illegal behaviour.

MaryNB

She cannot evict her tenants, only a court can.

If in England she needs to look up the grounds for an S8 notice to see if it covers her scenario. If not she needs to serve an S21 notice. (There will be similar notices in Scotland, Wales and NI but they are not all identical). Best way forward is to serve both at the same time. S21 will have a longer notice period but is more straightforward.
She needs to make sure she has done her due diligence as a landlord in order for the S21 to be valid (EPC, GSC etc)

Once the notice has expired she then applies to the court if they have not vacated the property.

If she attempts to evict them without a court order it will be a criminal offence.

theartfullodger

She has the right to...

- ask them to go

- serve s21 then (try) eviction through court
- serve s8 then (try) eviction through court
- sell with tenants in place.
- inform police of any illegalities 
- etc etc etc

Recognise that many Landlords get such notices wrong so they are invalid, will fail in court.  Neither notice ends tenancy nor compels tenant to leave.

No offence but if too upset to post on a forum she's very very vulnerable.  

There are risks to be expected by any landlord, any property, and this is but one risk, foreseeable by the prudent Landlord.

How come no access? Another continent,lost keys, why please?

What training done in Landlord/tenant law please?

Artful:. Landlord since 2000

Grumpy_chap

MenInBlack said:

Also she has no access to the property. 

That is correct - the tenant is entitled to peaceful enjoyment.

What is the nature and extent of the illegal activity?  That will influence what, if any, action the LL should consider.

MenInBlack

dimbo61 said:

No she has no rights 
All part of the joy of being a Landlord.
What is written in the tenancy agreement ? 
What checks did she or her Lettings agents carry out before handing the keys to a stranger ?
Has she got Legal cover on her Landlords insurance.
What illegal activities are being carried out ? 
Report them to the Police 

I'm not sure what illegal activities are going on. She received something from the council asking questions about the tenant.

I have advised her to respond to the council with any info she can give. 

theartfullodger

Nope:. Respond to council after taking specialist legal advice.

MenInBlack

theartfullodger said:

Nope:. Respond to council after taking specialist legal advice.

Oh really. But surely telling the council would be the right thing to do.

Salemicus

> She cannot be liable for the tenant's illegal behaviour.

She's liable to the extent she participated in it, or encouraged and assisted it, same as anyone else. There's no per se criminal liability from being a landlord, but there's no per se immunity either.

Grumpy_chap

MenInBlack said:

I'm not sure what illegal activities are going on. She received something from the council asking questions about the tenant.

I have advised her to respond to the council with any info she can give. 

What did she receive from the Council and what were the questions?

Probably best not to respond, or certainly not without taking proper legal advice.  She does not want to be deemed an "accessory" or tacitly supporting whatever illegal activity there is (if any).

We had a property once where the neighbours just did not like the tenant and there were repeated complaints received form the neighbours.  On one occasion, the Council phoned me and said they'd received reports of the tenant abusing their child at the property, what did I know about it?  I simply advised, honestly, that I knew nothing, had no access to the property as the tenant enjoys peaceful occupation and to pursue normal enquiries they would based on such reports through the appropriate departments in the Council Social Services / Child Protection teams and that the Council should report tp the Police if appropriate for urgent enforcement.  Never heard any more of it.