Sole tenant left; sharer remained; eviction advice?

[ESHIE]

I am new to this forum and let me just begin by saying how excellent it is. Its good to know we landlords are not alone because its sometimes easy to feel as such given the ridiculous tenancy laws we have in the UK.

I am an "amateur" landlord but have never had any problems with tenants until recently.

I am in the process of evicting my tenants. Here are some facts:

1. Tenancy agreement signed with Miss S which expired last year.
2. Miss S has moved out some months ago after breaking up with Mr T who still lives there. All rent payments to date have been made by S so she is still legally responsible as the tenant.
3. Due to on-going arrears, unreliability, compulsive lies (almost as bad as the rent was late due to my abduction by aliens), S 21 served in January which expired on Mar 31st.
4. Mr T had agreed to move out on Mar 31st but he did not. He has since agreed (have evidence in test msgs etc) but failed to move out on May 2nd, 16th, 23rd. He now claims he is going tomorrow (June 2nd) but after so many broken promises, I wont be holding my breath. :(

Miss S has also been in touch to confirm this as I told her that any court action will be against her as she is legally the tenant. I dont believe a word she says as she assured me he would move out on May 16th/23rd which is why I delayed the court action. She even threatened to call the the police as T is tresspassing but did not do so as he is still there.

If the flat is not vacated tomorrow, I am going to go down the APP route with form N5B. Can anyone please provide some tips on how to complete this form or is there a sample form anywhere on this forum ?

Also, is the fact that T is tresspassing given that S has withdrawn permission for him to live there of any advantage to me ?

Thanks in advance.

[ESHIE]

I forgot to add that they do not have any children and are both in FT employment. Thanks.

[johnboy]

are they both named on the AST??

[Bel]

Its sounds like she is the only named tenant on the ast?

If she is still the tenant of the property because she has not surrendered it (by giving you her keys or saying so in a letter) he is her lodger. She has the right to go back into the property, immediately evict him and change the locks before she surrenders the tenacy to you (by giving you the keys). You could ask her to do this, because until she surrenders she is liable for ever increasing rent.

Otherwise you need a court order to evict him. With an S21 notice, the judge should grant possession as a matter of course regardless of the circumstances.

On the otherhand boyfriend might claim the tenancy has been assigned to him by his girlfriend and now he is the legal tenant of the property.

Legal advice would be a good option.

[ESHIE]

Thanks, yes, she is the only one named on the AST.

I have been very careful to ensure boyfriend does not become the implied tenant as all rent payments have been from her.

He was supposed to leave yesterday (the 5th time he has agreed to do so) but there was no contact from them yesterday. I did visit the property today from the outside and noticed that the surround speakers had disappeared and the windows were all shut so maybe they have done a runner !

I have a tape recording from him stating that they would be leaving yesterday so I guess in a few days time (if there is no change in the windows/lights etc) I may have "reasonable grounds" to enter the property.

The saga continues....