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How best to remove a guest from a holiday let?

49 replies

DetroitMurals · 10/06/2024 22:42

This is a long one so I'm sorry.

We live a five hour drive from our home which we let out on a non-AST 'holiday let' type of contract (we are temporarily away for work). It is for a short term let which, when discussing with the prospective guest when he responded to my ad, he said that he wanted to split the 6 months' rental into 3 x 2-month contracts. My husband who is the legal owner of the property agreed to this. The guest also added that he had a puppy working dog and would be flying over from Europe with the dog to move in. He expressed a lot of gratitude because, of course, finding a large pet-friendly property to rent here in the UK is difficult.

A few days after he moved in, neighbours began complaining: the smell of the dog, the dog jumping over fences and into a neighbour's garden and, worst of all, the dog had fouled all over the communal garden. We also received odd reports of the neighbour's behaviour (no need to get into it).

We soon found out that the person who we believed had moved in, and whom we vetted to move in, was not actually living there but a sibling of his who is suffering from clinIcal depression and mental illness. I don't have proof, but I strongly believe the individual living there is an asylum seeker because the person who we believed was living there sent us a psychiatric report about his brother which had been requested by an immigration lawyer. We read it and there were lots of comments on how this individual was not able to return to their country, etc.

For the past month, my husband and I have wanted to sell the property which of course has had to involve agents attending the property to provide a valuation. We have so far had two valuations but they have been very difficult because of the depressed person staying there who keeps cancelling on appointments last minute. We just had the third (and last) agent due to attend last Friday and, sure enough, we received a call from the sibling who was supposed to stay in our property, saying that his brother who lives there was unwell and couldn't face an agent being there.

Personally, I am not taking all of this very well and am of the view that we should be able to give notice to these siblings and ask for the one who's unwell to seek professional help (they are very wealthy so money is of no issue, otherwise we would probably allow them to stay another month if it could help the depressed brother in some way). I take the view that leaving this depressed person in our property unable to take care of themselves and the dog is just a recipe for disaster. I think they should be served notice that they have breached several terms of the contract, that we don't have an AST so all the usual legalities of landlord and tenant law do not apply. We should take possession of the property and get it staged and ready to be put on the market.

The siblings are of the opinion that they are still currently within Contract 2 and have paid up until mid-July so they want to stay until then. I think it is crazy. It is summer time and we should do all that we can to put the property on the market.

I'm sorry if all of this makes me sound harsh and unsympathetic to a person who is going through a bad time, but these people gained possession of our property via false pretences. I have been through depression myself so I do understand how it feels and because I have worn the shoe on the other foot, I know just how long it takes to feel okay again. Having him in our property with his dog, while property viewings are going on is just not going to work. I don't think we will receive many offers so we might as well not place the property on the market. I write as though the above is an option, i.e. to allow him to stay because my husband seems to entertain the siblings' suggestions. I personally don't trust them, especially after they lied in order to move into the property and have not been honest or transparent. I mean, what else are they lying about?

Going back to what I wrote above re: the depressed individual possibly being an asylum seeker or staying in the UK under special circumstances also makes me very uneasy in terms of wondering how difficult it might be to ask them to move on.

Above all, what really frightens me is if they refuse to leave? What recourse do I have as I am starting to think that they have it in them to change the locks?

I just wrote all of this out in one go. Sorry if it doesn't read well. I'm just so stressed and need some advice about how to get rid of these disingenuous siblings and how best to achieve it?

OP posts:
Alicewinn · 10/06/2024 22:45

Who signed the contact ?
and what sort of contract is it ?

YellowRollercoaster · 10/06/2024 22:49

I really think you need to get proper legal advice quickly on this one. You aren't being unreasonable at all to need them to vacate the property.

Alicewinn · 10/06/2024 22:50

First off, try not to panic & have a conversation with one of them. They have broken t’s & c’s if their name is not on the agreement. It’s easy to panic and often these things are not as bad as they seem. You could feasibly gain entry if it’s a holiday let to allow a cleaner I think ? Depending on the agreement.

SD1978 · 10/06/2024 22:52

Why did you allow them to continue on with the second contract period, knowing it wasn't the person who was supposed to be there, and instead another male, who caused issues immediately?

upthespoutagain · 10/06/2024 22:55

Realistically, you won't get a sale immediately so you might as well let the tenancy come to an end, have the place professionally cleaned and then put it on the market. It's only another month, is it worth tying yourself up with legal arguments and court fees?

Scampuss · 10/06/2024 22:56

You need to get legal advice as it sounds like this shouldn't have been a holiday let and should have, and probably will be considered in law, an assured shorthold tenancy.

Landlords don't get to just pick a tenancy type out of thin air because it suits them.

DetroitMurals · 10/06/2024 22:58

My husband and the sibling who is living overseas signed the contract. He told me (I put the ad online and usually deal with prospective tenants, etc.) that his main residence is overseas but he wanted to let the property because he wants to set up a company here and would be here temporarily for several months. I thought that would be enough to assume/prove that we could agree to a holiday lettings agreement because he was indeed on holiday which is one of the main criteria when establishing if a contract is a holiday letting scenario or not.

In short, the person who lives there with his dog (the dog is actually the depressed brother's dog and not the guy who we thought would be staying there).

@SD1978 because my husband thought felt sorry for them and their situation, but it is becoming increasingly obvious that they are trying to obfuscate our attempts to place the property on the market.

OP posts:
DetroitMurals · 10/06/2024 22:59

Sorry, I meant to add: in short the person who is staying there with his dog is not the person who signed the contract.

OP posts:
TheSandgroper · 11/06/2024 00:58

I am not an American but they have just the expression for this. Lawyer up.

You not want to put a foot wrong here. You want to do everything you are allowed to do the minute you are allowed to and you do not want to make mistakes.

KievLoverTwo · 11/06/2024 05:40

You need to get this moved over to Legal. All you are gonna get here is judgement and best guesses.

(you will get a bit of that over there as well)

Nouvellenovel · 11/06/2024 05:59

A holiday let is 31 days maximum.
After that it’s a tenancy.

DracoDormiensNumquamTittilandum · 11/06/2024 06:00

we don't have an AST so all the usual legalities of landlord and tenant law do not apply

I'm not a lawyer but I'm pretty sure this is incorrect and they do have (or could argue in court that they have) a de facto AST. You need a lawyer.

PaminaMozart · 11/06/2024 06:09

I'm not a lawyer either, but I am a landlord, though I have no experience of holiday lets. However, I fear that you may have inadvertently created a de facto AST - without the legal paperwork for such a tenancy.

Even if you wait for the 'let' to end, there is no guarantee that these people will vacate the property. And things could get very messy.

You really, really need competent legal advice as a matter of urgency.

DetroitMurals · 11/06/2024 06:38

Okay, thanks all. Over and out.

OP posts:
itsybitsyteenytot · 11/06/2024 07:04

I am a holiday let owner. My understanding is that any guest that stays over 28 days falls into the AST heading, regardless of your usual holiday let terms. You are going to need legal help to deal with this now unfortunately.

HappiestSleeping · 11/06/2024 07:14

@DetroitMurals you are definitely in the talk of an AST. This means deposits should be in a tenancy deposit scheme, various safety checks and certificates need to be in place (gas and electrical installation).

Then, you have knowingly allowed a person who is not contacted to stay in the property.

I'm afraid you are in for a bag load of trouble here. It could take a long while to get them out. And if you haven't adhered to the law regarding AST landlords, you could be fined as well.

OneForTheToad · 11/06/2024 07:25

Nouvellenovel · 11/06/2024 05:59

A holiday let is 31 days maximum.
After that it’s a tenancy.

We witness the demise of another terrible amateur landlord.

Cucumbering · 11/06/2024 07:28

Are they legally in the country? You may find yourself in the shit if not

Twiglets1 · 11/06/2024 07:29

If they have paid up until mid July it sounds to me like they are indeed in the second period and entitled to stay until mid July or am I missing something?

Twiglets1 · 11/06/2024 07:31

Can’t comment on all the legal stuff which sounds complicated - agree with others that @DetroitMurals needs to consult a solicitor asap.

Cucumbering · 11/06/2024 07:41

Personally I’d let them stay till July and have everything lined up for selling. Decorators, estate agents, mortgage offer.

ManilowBarry · 11/06/2024 07:50

Contact immigration as well in case they can boot him out of the country.

DracoDormiensNumquamTittilandum · 11/06/2024 07:51

OneForTheToad · 11/06/2024 07:25

We witness the demise of another terrible amateur landlord.

Can't help hoping this gives the OP a massive shit storm as karma for trying to let a property as a 'holiday let' to avoid any of the obligations of being a landlord. Tried to play the system and got played 🤷🏼‍♀️