Immigrants en mass invade my property ?

Reply to the comment left by "Jamie Moodie" at "18/07/2014 - 23:42":

I know where you are coming from Jamie, and I also would do the same if I needed to and thought I could get away with it, but some of these people also know their rights, and your advice could land the landlord in alot of trouble, perhaps also in jail !! -

How about getting some people who "you've never met before ", to also move into the property, who are more annoying than the ones you have, but perhaps end up signing an AST with you, for a 6 month tenancy and paying you the rent, of course they would have to be given some rent off for the hassle they had when they first moved in ....
...Just a thought.
- The law is a complete arse and will have your property completely trashed if you are not careful.

Obviously as a matter of policy Property118 could not condone breaking the law or use of physical violence.

This is not to insinuate anyone has or would.

Good idea Jamie and then wait for the gangmasters' repercussions.

The reality is that this society hands out rights to everyone, and that includes people who do not deserve those rights. Because the police are target minded, if they can solve a crime and have it recorded easily they will go after the most stupid of cases. The case of least resistance.

Hence if you go in with a dog or bat and threaten these people the likely hood is you will get in trouble - how many witnesses ? How many charities on your back helping them out ?

I simply try and work within the limits of the system we are in. Mediation has worked for me, but generally if i tell someone i dont want them in the house anymore they do leave and before the notice expires.

I deal with housing benefit tenants mostly and so they have a lot of rights backing them up if i do something wrong - hence i dont .

I am more than capable of being physical and i am sure most landlords are as well. This guy is a builder, so is going to be used to some hard work, but even so i have found mediation is better.

Reply to the comment left by "Neil Patterson" at "19/07/2014 - 08:43":

No, of course not, violence very rarely needs to be used in situations, usually one can find a 'cunning' way to achieve what you need, with a little thought and planning !

In this situation, I guess it really depends whether the new 'tenants' have any rights to be there at all: in another thread, i was advised that anyone at a property after the original tenants had moved out were squatters and could be removed within hours and with the help of the police.
So I guess it comes down to whether sub-letting was allowed/prohibited, and if you can show that the original tenants do not live there.

IF they have no right to be there, why can the owner not go round and start living there himself?, clear up their belongings, pile them up in a corner, tidy up and clean,

......and pin a copy of your deeds to the fridge, showing that YOU own the house.

IF they have no right to be there, you are not harrassing your tenants, are you ?

A fine line between legality and not, I must agree, and anybody would be well advised to seek good legal advice first, otherwise you could find yourself in very hot water if this backfired !!

...Good point Adrian, although re-reading the OP, the main tenant does not want an argument, he is being illusive, not returning calls, but he will surely come round if they are being chucked out !!

Reply to the comment left by "Romain " at "18/07/2014 - 11:09":

'If there is a clause against sub-letting and the tenants are indeed subletting then there is a breach of the lease.
However the sub-tenants still have a valid tenancy and aren’t squatters.'

hi romain,
no doubt you are right bearing in mind the law is an ass, but how can the these people have a valid tenancy if the person granting it had no right to do so. what if squatters got in and granted tenancies, would that mean they have granted a valid tenancy? isnt it akin to poor title when innocently buying stolen goods?

This may not be appropiate to this matter,my last tenants left on the last dayof section 21,put the keys through the door left owing two months rent.
I used a tracing agent RESSOLVE,COST ME £35 AFTER TEN DAYS ,CAME UP WITH THEIR NEW ADDRESS,NOW I CAN GO TO COURT,Money well spent recomend Resolve tracing agency.

hi

I don't know if this will help.

But I have heard of the local council sneaking into a suspected multi-let property and serving an enforcement notice on the landlord to evict the tenants.

You may be able to use this in your favour by notifying the local council of an infringement on their HMO licencing rules.

They will turn up with their Rottweiler (ENFORCEMENT OFFICER) and go through the property to ascertain what they can serve you a notice for.

This visit alone may put the tenants on their back-foot and I am sure a few will leave as quickly as possible not wanting to draw attention from the authorities. Remember they are from eastern block countries where a visit from the authorities was not welcome.

You can then go back to the 'house sitters' and serve them with the section 21 notice backed up by the official copy of the councils enforcement letter.

David

The advice to use a specialist is sound as it has the potential to save you many months.

If the AST tenant is not living there then he has probably lost his AST and has a common law tenancy instead. This changes the process needed for possession but leaves the fixed period intact so care is needed to serve notice correctly first time.

The occupiers are not squatters IF the tenant allowed them in. Harass them and the authorities will go after you, not them. Take a dog and the likely outcome is a dead dog and a locked up harasser.

You have to gain legal posession back from your tenant and then the bailiffs (if it goes that far) will remove the 'other occupants' at the same time.

While it might stick in your throat, meeting the tenant and offering money for vacant posession and tenancy surrender might be the best option for a quick result.

Whatever else you do, don't take any money from the other occupiers or you might create a tenancy with them.

Reply to the comment left by "david watford" at "19/07/2014 - 12:48":

Love this solution, report him to the council for sub-letting your property as a HMO without consent or licence, they will sort the problem for you. I know nothing about section 28's but could you use the councils report to back one up ?
I quite like a few of the other ideas but could land you in hot water lol