Unwanted tenant

[Plusabit]

Tenant went into property in Nov on AST. Left without giving notice in Jan, but unknown to the agent she had another person staying who nows says she was paying half the rent. This other person will not move out, the agents has given the section 21 notice on original named tenant, but what can be done to get this other person out, who is not paying rent and the landlord has not had rent since Dec. my friend the l/l is getting fed up what can she or the agent do to get rid of this unwanted person. The property is being advertised and viewing are taking place. Once the section 21 runs out in April do they need to go to court to get the other person out, and does the section 21 cover the property or just the original tenant?

[Andy Parker]

You will need a possession order unless you can get confirmation that the original tenant has quit the tenancy.The 'search' facility will bring up much info on this.Good luck.

[P.Pilcher]

Once the original tenant is in arrear by 2 months, a possession order can be obtained under section 8. Once the notice is correctly served at the property only a period of two weeks need elapse before court action can commence. Unfortunately a court hearing will be needed, but (presumably) the tenant will not appear. Provided said tenant is still in arrear by two months at the court hearing, the grant of a possession order is mandatory, and if the other person fails to leave, a court bailiff can be used to regain possession. This may cut down the timescale somewhat.

P.P.

[Andy Parker]

The section 21 expires in April and I assume that the accelerated process can be used then.Depending whether it is the beginning or end of April there may be little time saving in using section 8.