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Question

During the Tenancy (Wales) | Tenant Relations and Dealing With Complaints (Wales) | Wales

Tenant internal dispute.

24 Feb 2021 | 1 comment

Ongoing issue between three tenants that don’t get on with each other. Tenancy ends last day of June.

No rent arrears. Joint AST / HMO.

One tenants wants to leave and on a number of occasions has found a replacement for himself but the other two have turned that replacement down. I have made it clear that if a suitable replacement is found I will happily sign a new contract to terminate last day of June.

There is much bad  feeling between them.  I get on very well with the two currently there and although I’ve not seen the absent one for a while we have no issues between us. Seems that the two in the house are not going to cooperate with the third one to get a replacement contract as they are happy to have the house to themselves and the third person continues to pay rent whilst absent.

I wish to consider all possible outcomes and one is that the absent one might try to sublet her own room to someone against the wishes of the two already there. I would never agree to this. The two in the house would never accept this either. If this were to happen what could I do to get that person out ? What could the two occupiers do to get that person out? Would the new comer be a tenant of some kind or an intruder that can be physically removed from the premises by myself with the assistance of the two current occupiers?

 

 

Answer

1 Comment

  1. guildy

    This is fairly unlikely in our view and perhaps best to look at if it happens then we know all the precise circumstances of the individual case.

    But, a tenancy would not be created. The occupiers would have greater powers because they could potentially be a displaced residential occupier (which means they can call the police).

    Alternatively, it might be you need a court order against the new occupier but this would be a quick trespasser procedure and nothing like normal possession.

    Please see here for more details.

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