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Eviction Court Order -does it apply to other occupants who are not tenants

Does an Eviction Court Order apply to other people (who are not tenants) living in a property when it is executed ?

The tenant's girlfriend is living in the property.

What would happen when the bailiff goes to evict the tenant & finds someone else not named on the court order (the girlfriend), living there ?
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Comments

  • System
    System Posts: 178,439 Community Admin
    10,000 Posts Photogenic Name Dropper
    Is the girlfriend on the tenancy agreement? If not then she has no rights to stay.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • silvercar
    silvercar Posts: 50,946 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    It applies to the tenant(s), they need to vacate the property and take with them their possessions, pets, sub-tenants, family and all.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • sooz
    sooz Posts: 4,560 Forumite
    silvercar wrote: »
    It applies to the tenant(s), they need to vacate the property and take with them their possessions, pets, sub-tenants, family and all.

    much easier if all on a leash :D

    http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=509713&in_page_id=1770
  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    !!!!!! wrote: »
    Is the girlfriend on the tenancy agreement? If not then she has no rights to stay.
    But what will the bailiff do, what will actually happen if someone else is living in the property, who is not a tenant.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    the bailiff will probably change the locks and let them sort it out afterwards. he will have a court order in his hand which he will have to action.
  • !!!!!! wrote: »
    Is the girlfriend on the tenancy agreement? If not then she has no rights to stay.

    Tenants are allowed to have people to stay. Living there is a different matter. All have to get out though.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • teeni
    teeni Posts: 1,193 Forumite
    Part of the Furniture Combo Breaker
    the bailiffs warrant is addressed to the tenant and includes all other occupiers. The bailiff changes the locks at the alloted time and if you have not got all your belongings out you have to make an appointment to get them.
  • Jonbvn
    Jonbvn Posts: 5,562 Forumite
    Part of the Furniture 1,000 Posts
    OP!

    Please understand that if every tenant tried to house non-tenants as a way of avoiding eviction then rented property in the UK would have ceased completely, even for LA's.

    I believe you may be grasping at straws?
    In case you hadn't already worked it out - the entire global financial system is predicated on the assumption that you're an idiot:cool:
  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    teeni wrote: »
    the bailiffs warrant is addressed to the tenant and includes all other occupiers.
    How does it include other occupiers if it's addressed to the tenant ?
  • Catblue
    Catblue Posts: 872 Forumite
    john539 wrote: »
    How does it include other occupiers if it's addressed to the tenant ?

    Because the tenant is the one on the tenancy agreement and is the only person with any sort of legal right to stay there until such time as the court order is granted. The girlfriend has no rights at all in this case.

    If she insists on staying on until the bailiffs appear, then she may find it difficult to retrieve her stuff in time. Also, I cannot imagine that it is a pleasant experience for anyone concerned.

    It really is not in her interests to fight this - she will not win. Her time would be much better spent finding somewhere to live.
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