lanaby Posted December 28, 2008 Report Share Posted December 28, 2008 Hi all. My Possession Order expired on Dec 18 but there are clear signs of someone still living in the property. However, my tenant had kids and the kids rooms are empty, suggesting the tenant has gone, but the neighbour says the tenant's sister has moved in. I have submitted forms for baililffs to go in ASAP and have written to tenant and Housing Benefits saying that as far as I'm concerned the property isnt yet vacant so she (or Benefits) are still liable to pay until I can change the locks. Does anyone know if I will have a problem if it's not the tenant but someone else there, and am I entitled to go in now and change the locks? ( the Bailiff knows that no other adult had permission to live in the property) many thanks Elana Link to comment Share on other sites More sharing options...
simonbaldry Posted December 29, 2008 Report Share Posted December 29, 2008 Hi I don't know the whole story, but i would change the locks and leave clear notes asking for the tenant to contact you. This will at the least let you know who you are dealing with. However I can't help on sqautters rights. Link to comment Share on other sites More sharing options...
Preston Posted December 30, 2008 Report Share Posted December 30, 2008 Hi A court appointed bailiff will be entitled to evict anyone who is present. You should be very careful about what you do before the bailiffs are able to attend. If the original tenant is still in occupation, you could be committing an offence under the Protection from Eviction Act if you change the locks because even though you have a court order, they will be treated as residential occupier. If the former tenants have gone and someone else has moved in, then you would technically be entitled to change the locks whilst they are out, but if you use violence (and this includes violence against property) to gain access when there is someone in the premises who is opposed to your entry, then you may be committing an offence under the Criminal Law Act. So, you really need to assess the evidence; if the tenants have gone and no one else is in the property, then you can change the locks. If you are not sure, best wait for the bailiff. Often this is a very simple decision to take. In your case though, it sounds a little complicated, so my advice is to be careful and only take action if you are sure of your ground and you have reasonable evidence to back up your position if challenged in the future. Preston Link to comment Share on other sites More sharing options...
lanaby Posted December 30, 2008 Author Report Share Posted December 30, 2008 thanks both for replying. I think I will take the cautious route as the tenant hasnt responded to any contact and it could be her things still in the property. Like you said Preston, the bailiff will be able to evict anyone at the property and because I believe I can still claim housing benefits, i'm not losing too much by waiting for a while longer. I didnt think people could claim squatters rights anymore. does anyone know? Elana Link to comment Share on other sites More sharing options...
J4L Posted January 1, 2009 Report Share Posted January 1, 2009 I can't imagine you can claim housing benefit for the tenant that's there only if the previous tenant was still residing. Link to comment Share on other sites More sharing options...
lanaby Posted January 2, 2009 Author Report Share Posted January 2, 2009 although I may be wrong, my view is that I have a possession order for the property, the tenant is meant to leave by end of the order and if she's allowed her sister to stay there, then in essence, my tenant is still occupying the property. That's the line I'm going to take with HB anyway and hope I can get another month's worth pf payments out of them. Link to comment Share on other sites More sharing options...
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