Tenant has many people living with her - any advice

[Jim Hardie]

Sadly its not as simple as that, you carnt just change the lock's or chuck 'em out. to get some-one evicted you GOT to go through the Courts.

Although that's with non paying tenants... Not sure under this circumstance though.

 

Good luck with it though TimmyR

 

It's not as simple as that because there's not a cat in hell's chance of them all going out at the same time.

[Cyclone]

Sadly its not as simple as that, you carnt just change the lock's or chuck 'em out. to get some-one evicted you GOT to go through the Courts.

Although that's with non paying tenants... Not sure under this circumstance though.

 

Good luck with it though TimmyR

 

Nobody is talking about evicting anyone. Read the OP.

[MikeDaMouse]

Yes, actually, it IS that simple. Unless OP's tenant is lying about her visitors never having paid any rent, they are NOT tenants or even lodgers. As such they cannot sue for unlawful eviction ( as a bona fide T whose LL summarily changes the locks may be able to). They are simply house guests who are no longer welcome. You can only sue for illegal eviction if you had some legal right to reside (as opposed to stay as a guest) in the first place. This lot clearly did not.

.

 

In that case its better that they haven't paid anything, isn't it? and if the OP can get them out under the grounds that they are just guests id get them out sharpish. If that's the case (it does make sense though)

 

---------- Post added 25-12-2014 at 21:52 ----------

 

Nobody is talking about evicting anyone. Read the OP.

 

He does, TimmyR - "Does the above situation gives us grounds to evict the tenant and her friends?"

[Cyclone]

He doesn't seem to want to evict her though in reality.

[cv65user]

shes in breach of contract so its terminated so issue summons so they all have to leave

 

then you can re let to her only.

 

or as bad as it seems increase rent and they all bugger off = worked for me.

[aliceBB]

There are a few problems I can see arising here. Guests are people who stay for one night or two. If tenant has allowed them to stay they might claim to have paid board. also I live in a terracced two bedroom coucil house and six people are allowed to live here. If we were on benefits as there are only two of us we might have been liable for bedroom tax. If tenant is sole occupier on benefits they may be same

 

There are two separate issues here.

 

First, the status of the additional occupants. If what OP's tenants claims is true (that she has allowed them to live there rent-free, but now wants them to leave), then they are - as I have already explained - merely houseguests who have outstayed their welcome. They are not tenants, or sub-tenants, or lodgers.

 

If the OP's T is claiming benefits and if she is claiming more money than she would be due to if the additional occupants were not there, then that is potentially (but not necessarily) a fraud issue for the benefits dept., but it does not affect the LL's position re his T.

 

Nor would it affect the T's right to change the locks and exclude them, as long as she returns their belongings to them.

 

---------- Post added 26-12-2014 at 00:59 ----------

 

shes in breach of contract so its terminated so issue summons so they all have to leave

 

then you can re let to her only.

 

or as bad as it seems increase rent and they all bugger off = worked for me.

 

Unhelpful advice (as well as barely intelligble).

 

The fact that she (OP's T) is in breach of contract on ground 12 does not mean 'it is terminated'. That is nonsense.

 

Increasing the rent summarily is not an option either, assuming it is an AST. This can only be done with relevant notice and no more often than annually. Besides which it is a sledgehammer to crack a nut (and may not work in any case. The T may simply fall into arrears).

 

---------- Post added 26-12-2014 at 01:01 ----------

 

He doesn't seem to want to evict her though in reality.

 

Quite so, and why should he? The T herself is not the problem, really (other than in that she was kind/misguided enough to allowed the hangers-on in, in the first place).

 

---------- Post added 26-12-2014 at 01:11 ----------

 

It's not as simple as that because there's not a cat in hell's chance of them all going out at the same time.

 

That depends on the extent to which they suspect that OP/his T may change the locks if they all go out.

Edited December 31, 2014 by aliceBB

[denlin]

That depends on the extent to which they suspect that OP may change the locks if they all go out.

 

Why would anyone have keys cut for guests? I think the landlord should be in his rights to have locks changed as he/she has not provided keys for anyone other than tenant

[aliceBB]

Why would anyone have keys cut for guests? I think the landlord should be in his rights to have locks changed as he/she has not provided keys for anyone other than tenant

 

Absolutely, the LL is within his rights to change the locks as long as the contract allows him to and he supplies the legitimate T with keys.

 

The practical problem of course is that unless all the additional occupants are out of the house at the same time, changing the locks does not ensure they will leave (since there will always be someone in the house to let the others back in).

[Cyclone]

You can remove trespassers with force legally. The problem is that the landlord doesn't get to determine trespasser I'd guess, the tenant does.

[TimmyR]

Thanks for all the discussing of this. Basically I think the tenant has allowed these people into the house quite possibly out of fear or intimidation and now cannot get them to move. I've heard of people forcing their way into properties and refusing to leave - it may well be that extreem. She has been very distressed when I've been speaking to her. To make matters worse she is in arrears with rent. She has passed the end of her AST and is now on a rolling contract with 1 month notice so yes I could kick her out very easily but the problem is I can't quite bring myself to do it - she seems genuine and I believe she will catch up with the rent. My question was what rights do I have to kick the rogues out and it seems I have few options as it is she who needs to take the action. She would not be able to do this as has poor english and is clearly afraid.

 

I have spoken to them however and I have asked them to move out within a week. Whether they will actually do this I will have to see. If this fails I think I will have to help T out with taking legal action against them.

Edited December 27, 2014 by TimmyR