Cyclone Posted December 28, 2014 Share Posted December 28, 2014 She really doesn't need to take legal action. If she has trespassers who refuse to leave, the police should (and I hope would) help her to eject them. Link to comment Share on other sites More sharing options...
TimmyR Posted December 28, 2014 Author Share Posted December 28, 2014 She really doesn't need to take legal action. If she has trespassers who refuse to leave, the police should (and I hope would) help her to eject them. Ok you may be right there. I'll get her to ring the police. Link to comment Share on other sites More sharing options...
mafya Posted December 28, 2014 Share Posted December 28, 2014 Ok you may be right there. I'll get her to ring the police. The police can help in this case, the issue is will the legal tenant actually tell the police that yes she would like the guests to be removed? Link to comment Share on other sites More sharing options...
aliceBB Posted December 29, 2014 Share Posted December 29, 2014 The police can help in this case, the issue is will the legal tenant actually tell the police that yes she would like the guests to be removed? That's a good point; it is difficult to ask the police to turf out people you know personally, with force if need be, especially if children are involved. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted December 31, 2014 Share Posted December 31, 2014 shes in breach of contract so its terminated. No. Even if T has broken an obligation, that of itself does NOT end the letting: see aliceBB's excellent post #26. But L could use it as a ground for serving Notice under s.8 of the 1988 Act. Link to comment Share on other sites More sharing options...
aliceBB Posted December 31, 2014 Share Posted December 31, 2014 (edited) No. Even if T has broken an obligation, that of itself does NOT end the letting: see aliceBB's excellent post #26. But L could use it as a ground for serving Notice under s.8 of the 1988 Act. I'm not certain, but do you think doing this would cut much ice with a court? Ground 12 is a non-mandatory ground (for a possession order) and in any case, it is probably not a breach of the tenancy contract to have a load of non-paying house-guests to stay. If the property was dangerously overcrowded as a result of the extra bodies, then the council housing dept may be interested. But OP's T is not subletting, remember, merely being overly hospitable, and her favour, she has asked them to leave. It is not really her fault that they have not done so. The simplest solution would seem to be to ask the police to 'help' remove them as they are trespassing. Edited December 31, 2014 by aliceBB Link to comment Share on other sites More sharing options...
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