Tenant has many people living with her - any advice

[TimmyR 10]

I have a rental property and have been contacted by the tenant who has told me that she has allowed a number of "friends" to come and live with her but who she wants to move out. They are refusing to go. There are now 7 people and a child living in a 2 bed terrace. Not only is this dangerous, its against our insurance and will cause accelerated wear and tear. There is a clause in the tenancy agreement that states:

 

"The tenant will not assign, sublet, charge of part with or share possession or occupation of the property"

 

Does the above situation gives us grounds to evict the tenant and her friends? She wants me to ring her "friends" and suggest this would be the ultimate course of action if they stay. They are not apparently paying any rent so its not subletting but I wonder if she is "sharing possession". Advice gratefully received!

[rudds1 102]

Jeffrey shaw on here is probley your man to ask

[Cyclone 10]

Perhaps she could pay to have the locks changed whilst they weren't in the property...

[TimmyR 10]

Perhaps she could pay to have the locks changed whilst they weren't in the property...

 

I have considered this. Renting is a tiresome business.

[geared 311]

Contact Jeffrey Shaw, you don't want to get yourself in trouble.

 

Even something like changing the locks, or going round and throwing them out might not be an option.

[chem1st 10]

Sounds like she is a victim of cuckooing, where people exploit a person to occupy their housing, increasingly common as housing is made out of reach for the masses.

 

Unable to access council housing or the private rented sector due to financial apartheid, it is increasingly common for people to try an occupy housing by whatever means necessary.

 

This can involve forcing one's way into another's home and living there, particularly easy for people to move into the homes of vulnerable mentally ill people on housing benefit and refuse to leave, thereby gaining housing rent free.

[TimmyR 10]

Contact Jeffrey Shaw, you don't want to get yourself in trouble.

 

Even something like changing the locks, or going round and throwing them out might not be an option.

 

I think changing the locks if I had agreement with the tenant when they were all out may be but you could be right even that may not be.

[Jeffrey Shaw 90]

I have a rental property and have been contacted by the tenant who has told me that she has allowed a number of "friends" to come and live with her but who she wants to move out. They are refusing to go. There are now 7 people and a child living in a 2 bed terrace. Not only is this dangerous, its against our insurance and will cause accelerated wear and tear. There is a clause in the tenancy agreement that states:

 

"The tenant will not assign, sublet, charge of part with or share possession or occupation of the property"

 

Does the above situation gives us grounds to evict the tenant and her friends? She wants me to ring her "friends" and suggest this would be the ultimate course of action if they stay. They are not apparently paying any rent so its not subletting but I wonder if she is "sharing possession". Advice gratefully received!

1. Yes, T is obviously in gross breach of her obligations- both:

a. to you (under the Letting Agreement); and

b. to the Local Housing Authority for statutory overcrowding [see http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding].

 

2. So, yes- you can take action against T (but not against the others). Serve a Notice under s.8 of Schedule 2 to the Housing Act 1988, using ground 10 [see http://www.propertyhawk.co.uk/landlordforum/index.php?threads/housing-act-1988-as-amended.2/page-4].

 

3. You could also sue them for trespass, but I'd not recommend that since T did invite them to stay.

Edited December 24, 2014 by Jeffrey Shaw
typo corrected

[TimmyR 10]

1. Yes, T is obviously in gross breach of her obligations- both:

a. to you (under the Letting agreement); and

b. to the Local Housing Authority for statutory overcrowding [see http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/overcrowding].

 

2. So, yes- you can take action against T (but not against the others). Serve a Notice under s.8 of Schedule 2 to the Housing Act 1988, using ground 10 [see http://www.propertyhawk.co.uk/landlordforum/index.php?threads/housing-act-1988-as-amended.2/page-4].

 

3. You could also sue them for trespass, but I'd not recommend that since T did invite them to stay.

 

Great thanks for that. I had a suspicion I could only take action against her.

[FORE 12]

Hi, the link does not appear to work.

 

But isn't ground 10 for non payment of rent?

 

Good luck TimmyR, make sure everything is correctly served!

[Jeffrey Shaw 90]

Hi, the link does not appear to work.

 

Isn't ground 10 for non payment of rent?

Oops, yes- I meant ground 12. Sorry!

The Property Hawk link is http://www.propertyhawk.co.uk/landlordforum/index.php?threads/housing-act-1988-as-amended.2/page-4

(but you might need to register/log-in there).

 

Anyway, here it is:

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Edited December 24, 2014 by Jeffrey Shaw
Ground added

[Cyclone 10]

3. You could also sue them for trespass, but I'd not recommend that since T did invite them to stay.

 

She's since told them to leave, at which point it does become trespass though.

 

What about changing the locks, they aren't tenants, they have no right to access or a key. (So long as the tenant is given one then no law is broken?).