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sid1980
31-03-2009, 10:44 AM
Hello All


Im a Landlord, I have a property where the tenant that used to live there died last month. The tenants boyfriend, who was living with the tenant, will not give the keys back now as he says he has no where to place his stuff. The boyfriend is currently living with his parents, and visits the property ever few days.

How can I get this person out of my property?
The boyfriend is not named on any tenancy agreement and he was not paying any rent. the rent came from the council and the tenant.

is it the standard S21 route i need to follow or something else?

Your advice will be appreciated

Sid

Bel
31-03-2009, 13:24 PM
The tenant's estate is still liable for rent until vacant possession is granted. So indirectly the family will pay.

The tenancy will be inherited by one of the relatives, who may be able to take possession and tidy up the flat and get boyfriends stuff shifted.

Let them know this and they may act with more haste.

sid1980
06-04-2009, 19:03 PM
thanks for the response Bel.

unfortunately the tenants father has become very uncooperative with my agent now, and is now saying the boyfriend wont move until he's ready too and that he's been to the CAB and knows he's rights and that the boyfriend has squatters rights blah blah blah

the landlords stuff is becoming such a headache.

Poppy
06-04-2009, 19:19 PM
Have you read this thread Death of tenant (http://www.landlordzone.co.uk/forums/showthread.php?t=17992)? It looks similar. You may need legal advice to help resolve the matter sensitively if the boyfriend does not voluntarily move out soon.

sid1980
16-05-2009, 13:02 PM
ok so the boyfriend finally moved out after much hassle.

but when i got into the property i found that he had done as much damage to the property as he could ...ripped up floor boards, broken doors, damaged kitchen units, bathroom, etc etc ...its a complete tip and will need alot of work doing.

what can i do about this to make the scumbag pay?
can i just go to the police? can they do much?

mind the gap
16-05-2009, 13:57 PM
ok so the boyfriend finally moved out after much hassle.

but when i got into the property i found that he had done as much damage to the property as he could ...ripped up floor boards, broken doors, damaged kitchen units, bathroom, etc etc ...its a complete tip and will need alot of work doing.

what can i do about this to make the scumbag pay?
can i just go to the police? can they do much?

Do you have a detailed inventory signed by the tenant showing the property was in a good, undamaged condition when she moved in? Or any evidence that it was the tenant's boyfriend who did the damage?

If not, I am afraid you may struggle to convince a court that he is liable for it.

sid1980
16-05-2009, 15:14 PM
yeh thats what i thought.

i dont think my agent has anything definite to say what the condition of the property was like before.

but only he had access to the property for the few weeks he didnt give it back, and the damage is extensive, no one couldve lived like that.

im just soo peeved that he cant get away with this.

mind the gap
16-05-2009, 15:29 PM
yeh thats what i thought.

i dont think my agent has anything definite to say what the condition of the property was like before.

but only he had access to the property for the few weeks he didnt give it back, and the damage is extensive, no one couldve lived like that.

im just soo peeved that he cant get away with this.

I understand your frustration, but the onus will be on you to prove to a court who did the damage. Unless you have witnesses or photographs, etc., taken just before he had sole occupancy, I think you may be throwing good money after bad trying to sue him.

Anyone else have experience of this?

Preston
16-05-2009, 16:29 PM
Hi

Just a quick point.

As you will know from reading the other contributions and threads referred to, the tenancy survives the death of the tenant. Until the tenancy is passed on to someone else (by the executor administrator of the estate) then all the usual tenant's liabilities remain with the estate. So if you can show deterioration beyond fair wear and tear since the start of the tenancy (for which, as MTG points out, you will probably need some kind of inventory) then you may be able to claim against the late tenant's estate.

Preston