Tenant has many people living with her - any advice

[Jeffrey Shaw 90]

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

Yes. But T's tenancy is still in force. It gives T exclusive possession. Consequently, only T can really sue them for trespass.

 

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?).

Yes. But L and T might be alleged to be conspiring to harass them.

Even if that's not the case at law, neither ought to volunteer for being investigated!

[Cyclone 10]

Harass, by changing the locks on a property T has exclusive possession of, and L is responsible for the maintenance and upkeep of...

Surely you might as well argue that changing the locks is harassing me, I have as much right to enter that property as they do.

Edited December 24, 2014 by Cyclone

[mc55 10]

can they be considered squatters ? what a nightmare situation

[Cyclone 10]

Doubt it, not with the real tenant still living there.

 

No more so than if a guest refuses to leave your own home.

[aliceBB 10]

How can it possibly be construed as harassment to change the locks, when the lawful T has asked them to leave and they have refused? They are not tenants or even lodgers; they are simply guests who have outstayed their welcome.

 

As long as OP's T does not dispose of their possessions I cannot see what possible legal action they could take against her.

Edited December 24, 2014 by aliceBB

[MikeDaMouse 10]

How can it possibly be construed as harassment to change the locks, when the lawful T has asked them to leave and they have refused? They are not tenants or even lodgers; they are simply guests who have outstayed their welcome.

 

As long as OP's T does not dispose of their possessions I cannot see what possible legal action they could take against her.

 

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

[aliceBB 10]

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?).

 

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

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.

 

If however they did pay rent ( and can prove it) then the situation is as you suggest, less straightforward.

Edited December 25, 2014 by aliceBB

[denlin 12]

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

[Jim Hardie 527]

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 10]

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 10]

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 10]

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