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Being a landlord comes with its fair share of challenges, especially when faced with unauthorised occupants on your property. Whether it's a tenant subletting without your permission or dealing with a squatter, you are left to navigate a complex legal landscape. Here's how to manage these situations effectively and prevent them from happening in the first place.
Subletting: The Hidden Tenant
Many landlords today find themselves scrolling through Airbnb, only to stumble upon their property listed without their consent. This is becoming an all-too-common occurrence thanks to the rise of online platforms facilitating short-term rentals. While these platforms make checking if your property is being sublet easier, there are still other forms of subletting to consider.
What is Unauthorised Subletting?
Unauthorised subletting occurs when your tenant rents the property — or part of it — to someone else without your consent. This can include the tenant charging rent or simply allowing another individual to live in the space without your approval. Such actions breach the tenancy agreement and can create significant complications for you as a landlord. For clarity, family members are not considered sub-lettings, so if your tenant was a single man who got married, his wife is legally entitled to reside in the home with your tenant, her husband.
What to Do About It
If you discover unauthorised subletting, your first step should be communicating directly with the tenant and subtenant. Sometimes, the subtenant may not even realise they occupy the property without the landlord's consent. After collecting evidence of the subletting, consider serving a Section 8 Notice Underground 12 for breach of contract. If the situation escalates, you may need to take the matter to court to obtain a possession order. Should the tenants or subtenants refuse to leave after this, bailiffs may be required to enforce the eviction.
Squatters: The Uninvited Guest
A squatter occupies your property without your consent; however, removing squatters is sometimes straightforward. This is a particularly challenging type of unauthorised occupant. Unlike subletters, squatters enter a property without permission and start living there — a situation that breaches your rights as a landlord and is also a criminal offence.
How to Handle Squatters
If you discover squatters on your property, your first action should be to report them to the police. However, due to limited resources, the police may not always intervene immediately. You must initiate court proceedings to obtain a possession order in such cases. It's essential to ensure that the occupants are squatters and not former tenants or licensees, as the legal process for eviction differs depending on the circumstances.
In 2023 alone, there were over 10,000 evictions in the UK involving non-tenants in residential properties. These statistics underscore the importance of taking swift and effective action when dealing with unauthorised occupants.
Prevention: What Can You Do?
Preventing unauthorised occupants from taking over your property hinges on solid legal protections and proactive management. Here's what you can do:
Smart Technology for Property Monitoring:
Investing in smart home technology can be a game-changer for landlords looking to prevent unauthorised occupancy. Devices like smart locks, security cameras, and motion detectors can help monitor the property remotely. Smart locks, for instance, can notify you whenever someone enters the property, and security cameras can provide real-time footage, allowing you to check who is accessing the property at any time. A personal favourite is an interactive doorbell/ camera that lets you see and speak with whoever calls at the property; it's a great security measure. I even recommend it for your own home; it's an all-around security wiz, and there are so many options available catering to all budgets.
Solid Tenancy Agreements: Ensure that your tenancy agreements are comprehensive and include clauses prohibiting subletting without written permission. This provides a clear legal basis for action if the terms are breached.
Regular Property Checks: Regular inspections allow you to monitor who is living in your property and ensure that only authorised tenants are present.
Legal Insurance: Invest in Rent and Legal Protection policies to cover the costs of legal action if you need to evict unauthorised occupants. These policies provide peace of mind and financial support, ensuring you're not left to manage the situation alone.
Property Guardians: One increasingly popular option for preventing squatting in empty properties is using property guardians. Property guardians are individuals who live in your empty property to keep it occupied and secure. This arrangement is beneficial if you have a property that will be vacant for an extended period, awaiting sale or refurbishment. Unlike tenants, guardians have limited rights and usually live under a license rather than a tenancy agreement, meaning they can be moved on relatively quickly when the property is needed for its original purpose.
Statistics on Squatting:
According to a report by the UK government, thousands of properties are squatted every year, particularly in areas with high housing shortages. In London, squatting has been historically more prevalent, especially in areas undergoing gentrification or with many vacant properties.
A study by the Empty Homes Agency in the UK suggested that vacant properties that have been unoccupied for longer than six months are significantly more likely to be targeted by squatters. This risk increases the longer the property remains unoccupied.
Closing Thoughts
Preventing subletting and squatting isn't just about enforcing rules — it's about being proactive, building strong tenant relationships, and utilising every tool. By combining legal knowledge, advanced technology, and strategic management, landlords in the UK can protect their properties and ensure their rental investments remain secure. Remember, the key to successful property management lies in staying one step ahead and being prepared for any eventuality.