AST passed to son?

Robert Liverpool
Robert Liverpool
0 Thanks
1 Posts
2 weeks ago

I gave an AST to a lady in September 2015. The property was a two bedroom, terraced house. She was living there alone.

She consistently failed to pay the full rent and ended with arrears of £1315. I was planning to seek possession under Section 8 after the Covid restrictions had ended.

The lady has recently died. Her son (who told me that he was living with his girl friend but was apparently living there without my knowledge) has claimed that he has a right to continue the tenancy and has enlisted the help of a group called Merseyside Law Centre.

They have sent me a letter stating "Our client has the right to remain in the property until you take proper legal steps to regain possession. If you enter and change the locks when he is out this is a criminal offence and our client will take legal action to regain re-admittance and sue for damages".

The Tenancy Agreement states

"2.2 Assignment. The tenant is not entitled to assign the tenancy, sub-let any part of the accommodation, take in lodgers or other paying guests or otherwise part with possession of any part of the accommodation without the prior written permission of the landlord. The tenant must not operate any kind of business from the accommodation without the prior written permission of the landlord",

It is my opinion that the tenants son has absolutely no right to be in the premises. I would further argue that he is currently a trespasser / intruder and to try to prevent me from gaining possession is illegal and I would be within my rights to call the police to have him removed

I would greatly appreciate you advice on this matter.

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