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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25488
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My tenant has given a months notice and has vacated the property,

Resolved Question:

my tenant has given a months notice and has vacated the property, her son has stayed in the property even though he is not on the contract how can I get him out as the tenant has given notice and vacated can I gain access and change locks
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask when the tenant gave notice please and whether you still have a copy?Has the tenant moved out all of their things?
Customer: replied 2 years ago.

yes I still have a copy .The tenant gave notice 22nd February 2015 and stated she would be giving up the lease from 23rd March 2015 as she was going into residential care, I have also received a letter from tenant stating that any items left in the property after 23rd March 2015 can be disposed of .

Her son has no legal right to be in the property but refuses to move out.

can I just change the locks?

Expert:  Joshua replied 2 years ago.
Thank you. Do you know if the son moved in after she had left or remained in occupation after she left?
Customer: replied 2 years ago.

I think he moved in before she left but tenant was afraid of him and he has remained there tenant doesn't want us to disclose where she hs moved although he is aware she has given notice etc

Expert:  Joshua replied 2 years ago.
Thank you. There are two options depending on whether he moved in after she moved out or whether he moved in before she moved out.1) if he moved in before she moved out then she has failed to return vacant possessio to you and he is a subtenant of your tenant. In these circumstances she has failed to vacate the property fully and the tenancy is still continuing unlawfully beyond the date she advised she would vacate. This gives you the right to seek double the rent from her for the period after the date she advised she would move out until you regain possession of the property under the provisions of a very old but still very much enforeable piece of legislation namely s18 of the Distress for Rent Act 1737. Accordingly you can contact the tenant in the above terms and advise that you will be seeking the above rent (if you choose to do so) and that you will have to make an application for possession in the county court if she cannot procure that he leaves and give you vacant possession. If she can't then you can make an application for possession in the county court and seek damages and costs. The application is agaisnt your tenant and you ignore the occupant as you have no contractual relationship with him;2) If he moved in after she left (the tenant would have to provide a witness statement to this effect to be safe and it is less than 28 days since you discovered his occupation then the alternative is that you can accept the surrender of her tenancy and instead apply to evict him under the new squaters legislation which criminalises squatting. If you can use this approach because you can satisfy the above, then you can treat him as a squatter and require him to leave within 48 hours on threat of prosecution and imprisonment for breach of the new anti squatting law. If you are able to and wish to use this approach you can make the application using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=379 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.

thank you

Expert:  Joshua replied 2 years ago.
A pleasure. I hope you can bring the matter to a swift conclusion.

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