Eviction of people not on tenancy agreement?

FloppyPoppy

FloppyPoppy

FloppyPoppy

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Hello you glorious folk.

quick question as you guys tend to have good answers.

A family member of mine rents a property solely in her name. Has had someone living there with her for a while who she is wanting out of the house however this said unwanted person is refusing to leave.

We are wondering what options are available in this situation before we have to go down the route of physically removing them.
 
FloppyPoppy said:
Hello you glorious folk.

quick question as you guys tend to have good answers.

A family member of mine rents a property solely in her name. Has had someone living there with her for a while who she is wanting out of the house however this said unwanted person is refusing to leave.

We are wondering what options are available in this situation before we have to go down the route of physically removing them.
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Does this said person contribute to any rent or bills?



Was this said person in a relationship with the family member, or did the family member just sublet a room? If the latter then this is more serious as she'd likely be in breach of her tenancy agreement and that could be grounds for eviction from the landlord.
 
If they're not on the tenancy agreement, they don't have a legal right to be there.

If they're paying rent then it's illegal subletting and both of them could be evicted.

If it were me, I would get them physically removed.

VincentHanna said:
Did she ask the landlord about moving said person in first?
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That wouldn't work, you can't just include someone on the lease midway through a tenancy. OP has said "A family member of mine rents a property solely in her name".

This isn't going to end well. Not for the tenant or the person who has moved in.
 
Semple said:
Was this said person in a relationship with the family member, or did the family member just sublet a room? If the latter then this is more serious as she'd likely be in breach of her tenancy agreement and that could be grounds for eviction from the landlord.
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Yup, both could get evicted if this other person has been paying rent to the tenant.
 
VincentHanna said:
Did she ask the landlord about moving said person in first?
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Yes the landlord is aware they are there. No this person pays 0% contribution.

Semple said:
Does this said person contribute to any rent or bills?



Was this said person in a relationship with the family member, or did the family member just sublet a room? If the latter then this is more serious as she'd likely be in breach of her tenancy agreement and that could be grounds for eviction from the landlord.
Click to expand...

This person was in a relationship with the family member but now has a new partner but still refuses to leave their sty.
Lysander said:
If they're not on the tenancy agreement, they don't have a legal right to be there.

If they're paying rent then it's illegal subletting and both of them could be evicted.

If it were me, I would get them physically removed.



That wouldn't work, you can't just include someone on the lease midway through a tenancy. OP has said "A family member of mine rents a property solely in her name".

This isn't going to end well. Not for the tenant or the person who has moved in.
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As above no they don’t pay any rent.

I was tempted to suggest she speaks with the landlord about her changing the locks and her being physically removed based on the fact they have easy access to several other properties in the local area.
 
That should make things much easier. I would make a threat of involving the police tbh. The ex boyfriend isn't on the lease and doesn't pay anything towards the property, the relationship has broken down and him continuing to stay there would just constitute as harassment.

Does this ex leave the property? You could go round while they're out and change the locks and bag up their stuff. Don't just leave the stuff outside though - as if it gets damaged or stolen then she'd become liable for it.
 
I'm assuming the ex boyfriend works? Wait until they goto work, change locks, turf stuff out and call the police if he kicks off. If they aren't in a civil partnership or married and hes not on the rental agreement or has contributed to the rent then he has no legal right to stay. Also then have a word with your sister about her choice of scumbag as this guy sounds like a right catch
 
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If they've been asked to leave and have no legal right to be there then I'd call police.

It happened to a friend of mine. They split and she wouldn't leave (gotten used to the standard of living). He called the police and they went round and pretty much dragged her out under the threat of arrest (not sure of the charge)

He ended up getting a restraining order though.
 
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