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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:
CoastalCalm · 11/06/2024 08:33

If it had been the overseas brother who had moved in then the property would still have been occupied til mid July anyway ? Let the contract run til then

PickledPurplePickle · 11/06/2024 08:40

It's not an AST - you need to fulfill landlord obligations, put deposit in rent deposit scheme, etc

LakeTiticaca · 11/06/2024 08:46

Go to court and get an eviction order to have the person removed?

IncompleteSenten · 11/06/2024 08:47

Yeah, it's not a holiday let and you may have screwed yourselves by trying to pretend it is one.

You need to engage a solicitor to sort out this fuckup.

It's going to cost you.

PrincessofWells · 11/06/2024 08:53

PickledPurplePickle · 11/06/2024 08:40

It's not an AST - you need to fulfill landlord obligations, put deposit in rent deposit scheme, etc

Yes it is an AST by default. Op agreed a 6 month 'holiday let' trying to get around the legislation. Fortunately it doesn't work.

She will need to issue a s21 (only possible if she has fulfilled how to rent booklet, EPC, GSC, etc.

I'd advise speaking to a solicitor and getting some legal advice because this is going to be costly, and long drawn out.

Do not change locks. The last reported illegal eviction cost the landlord £78,000.

sweetnessandlighter · 11/06/2024 08:58

It's not a holiday let. Nice that you tried to get round the rules by pretending it is one, though.

Caterina99 · 11/06/2024 09:01

I’d probably just wait til mid July and hope they leave. Then worry about “evicting” them at that point. Surely you wouldn’t be marketing it for sale etc if you had the original brother staying to the end of his contract like planned?

Nothing legally will happen before mid July anyway probably, so you might as well wait, but get legal advice in the meantime.

EnglishBluebell · 11/06/2024 09:07

Oh dear..... Get saving OP, because this is going to cost £££££

PropertyManager · 11/06/2024 09:19

Landlord here, like many have said, you have created a situation that is not a holiday let but an AST. Trouble is, you won't have done many of the things that are needed to make an AST legal (protected deposit, etc..)

If they don't want to leave then you have a potentially very big problem - not living nearby is a problem too.

If the person is an illegal, then it is just about possible you could squeeze them out without going through due process, as they might not want to involve the authorities, but of course if you went down that road and they did involve the authorities then you are even deeper in the mire.

You really need to speak to a solicitor to formulate a plan, which is going to cost a lot.

PropertyManager · 11/06/2024 09:23

PickledPurplePickle · 11/06/2024 08:40

It's not an AST - you need to fulfill landlord obligations, put deposit in rent deposit scheme, etc

Unfortunately the OP has created an AST, but not fulfilled her obligations - its not uncommon, a mate of mine let his air b'n'b to a couple of doctors working at the local hospital for 6 months, after the first week he agreed it privately.

Unwittingly he created an AST, fortunately, the doctors were on secondment from a hospital the other side of the country and left on schedule.

OP can only hope her Tennant does the same.

DracoDormiensNumquamTittilandum · 11/06/2024 09:25

PickledPurplePickle · 11/06/2024 08:40

It's not an AST - you need to fulfill landlord obligations, put deposit in rent deposit scheme, etc

It's an AST in which the landlord hasn't fulfilled their legal obligations. Still an AST.

DracoDormiensNumquamTittilandum · 11/06/2024 09:26

PropertyManager · 11/06/2024 09:19

Landlord here, like many have said, you have created a situation that is not a holiday let but an AST. Trouble is, you won't have done many of the things that are needed to make an AST legal (protected deposit, etc..)

If they don't want to leave then you have a potentially very big problem - not living nearby is a problem too.

If the person is an illegal, then it is just about possible you could squeeze them out without going through due process, as they might not want to involve the authorities, but of course if you went down that road and they did involve the authorities then you are even deeper in the mire.

You really need to speak to a solicitor to formulate a plan, which is going to cost a lot.

Please don't encourage OP to carry out an illegal eviction even if the tenant is 'an illegal'

DracoDormiensNumquamTittilandum · 11/06/2024 09:28

PropertyManager · 11/06/2024 09:23

Unfortunately the OP has created an AST, but not fulfilled her obligations - its not uncommon, a mate of mine let his air b'n'b to a couple of doctors working at the local hospital for 6 months, after the first week he agreed it privately.

Unwittingly he created an AST, fortunately, the doctors were on secondment from a hospital the other side of the country and left on schedule.

OP can only hope her Tennant does the same.

I think that even if let through airbnb it still becomes an AST (or could be argued to be in court) if it's above a certain length.

PropertyManager · 11/06/2024 09:30

DracoDormiensNumquamTittilandum · 11/06/2024 09:28

I think that even if let through airbnb it still becomes an AST (or could be argued to be in court) if it's above a certain length.

Yes indeed, 31 days is the limit for a holiday let as I understand it, and there is a contract form for holiday lets which in the small print the lessee is signing to agree that it is just that.

PropertyManager · 11/06/2024 09:33

DracoDormiensNumquamTittilandum · 11/06/2024 09:26

Please don't encourage OP to carry out an illegal eviction even if the tenant is 'an illegal'

I'm not suggesting that, I'm saying that it would be a dangerous thing to pursue - this contract runs til July, the OP is best getting some legal advice, but hanging fire and not saying anything to the tenant, hoping that they do go of their own volition in July.

Hoppinggreen · 11/06/2024 09:39

Oh dear OP, you may have F'd up here if indeed you have created an AST.
You need to have seen their right to rent and taken a deposit and protected it in an approved scheme as well as possibly got gas certificates etc.
I suggest you get legal advice asap

Nextdoor55 · 11/06/2024 09:58

If it's a tenancy on Airbnb & you want to end it early you are responsible for placing them elsewhere for the duration of their stay.
In fairness they've paid haven't they, so in their views they should be able to stay.
I don't know about tenancies but I have some experience of Airbnb

ARichtGoodDram · 11/06/2024 10:03

As others have said you’ve created an AST

Your best bet is to hope they leave as planned mid July.

Between now and then you and your husband really need to educate yourself on all the things you should have done as LLs and haven’t and what you’ll need to do to rectify it if they do not leave.

This could be a very very costly fuck up

kαλοκαλοκαιρι · 11/06/2024 11:34

Sorry to the OP but maybe she left already to Legal…

Just to clarify that if any person is an asylum seeker with an active asylum claim then they are not an ‘illegal’. At the point their asylum
claim is not accepted, they would be given notice to leave the country, and would be detained for removal if they did not comply with this.

i feel very strongly that we should not, even when people are problematic, not make habits of involving immigration as punishment or use the threat of involvement of such to engender a particular conclusion to a situation in any case. others of course may disagree but when this poster has already specifically made reference to someone with a well-founded fear of persecution in their home country, it seems especially callous.

DetroitMurals · 17/06/2024 17:22

Thanks all for the helpful replies. As for the unhelpful replies...oh dear...

I sought legal advice and have been advised that it's not an AST for two reasons: it wasn't their main residence and the total annual rent exceeded the amount for an AST.

The guy who signed the agreement and the resident sibling have already moved out now so all is well. They have also paid us a decent amount to put right any damage.

Thanks again to all of the decent and smart ladies who responded.

OP posts:
DracoDormiensNumquamTittilandum · 17/06/2024 21:41

the total annual rent exceeded the amount for an AST
U Wot m8?

ARichtGoodDram · 17/06/2024 22:06

An annual rent that exceeded 100k and the first advice port of call was MN?

Highly unusual.

Ginmonkeyagain · 18/06/2024 08:13

Ha ha! You let out your former home for over £100k a year? But had no professional advice or support for that letting business? Sure you do.

khooper28 · 20/02/2025 16:23

The contract was approved on the grounds that he was the person staying there so basically hoodwinked you in getting your house for someone else who was not vetted etc to stay in plus the dog is being a nuisance (not the dogs fault) and doesn’t sound like a “working dog”.
I would contact the person you vetted etc and refund the money given to stay there and ask them to leave asap. You’ve already been more than generous allowing the other person to stay when that wasn’t the arrangement.

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