Residential Eviction

 

When helping a friend goes wrong

Background

LASPO, The Legal Aid, Sentencing and Punishment of Offenders Act 2012 made squatting a criminal offence if the squatter is in a residential property as a trespasser, having entered it as a trespasser.

This change in the law made it much easier to evict squatters from residential property, and came as a great relief to many home owners who in the past had great difficulty in removing squatters from their homes.

But LASPO does not apply when the person has entered a property by invitation. That is the situation that our client found themselves in.

How do they evict a friend they allowed to stay in their property when they had over-stayed their welcome?

Residential Eviction

The Problem

Recently we had a lady on the telephone who had allowed someone (a friend) to stay in her residential property until the property was sold. It was an informal arrangement to help out her friend who temporarily had no place to stay.

As the person was a friend there was no agreement or contract. It was a good will arrangement.

However when the property was sold the person refused to leave. This meant our client was unable to exchange contracts on the property for the sale.

The Solution

Legal advice had been given that if peaceable re-entry can be gained by a bailiff then the lady could have her property back as this is a tenancy that sits outside The Protection from Eviction Act 1977.

  • The Protection from Eviction Act 1977 Part 1/A/7A.
  • The occupiers have no lease and have previously occupied the property with verbal permission.
  • This permission was for no financial gain or worth and the tenancy is therefore classed as an excluded tenancy under Protection from Eviction Act 1977.

After the ‘tenant’ had been served suitable notice our bailiffs effected a peaceful re-entry, changed the locks and took possession of the property for the lady.

We can help

Enforcement Bailiffs Ltd has over twenty five years experience in property repossession, residential and commercial.

London & South
0208 090 2439
Midlands & Wales
01733 306 462
Northern England
01325 526 127

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