Hello All.
I am thrilled to find a forum on this topic!
Without making the story too long, there are two people illegally living in one of our properties on our dairy farm.
They have been there for over a year as a family member who used to live in the house (more than 3 years ago) has
taken advantage of a bad situation (family member dying) to tell these people that they can move into the house without the owners permission.
It took a year of talking to the executor of the estate about getting rid of them (and verbally trespassing them to their face) and they never took action, so we have finally got our own legal advice and served the vagrants with a trespass notice. That was about 3 weeks ago.
Today at 5pm, the notice lapsed and they have made no attempt to move. The police are organised to come and give them three days to leave or else they'll be arrested.
When driving past the house to confirm they're still there this afternoon, one came out and said that he had filed a claim with the tenancy tribunal, and claimed that
this meant that the trespass was no longer valid and couldn't proceed.
So now we have a trespasser claiming to be a tenant and he's trying to take us to court either for the ownership of the house or a tenancy (not sure which), but he has no right to be there and no agreement with the landowner, so surely that claim means nothing and we can still kick them the heck out of our other house? We have never received reward for them living there, we supply the water and there's no power. The house is unsafe hence why we don't want them there because it stuffs our insurance.
Can we still proceed with the trespass or will we be held up because of the ludicrous claim?
Any clarification on this would be excellent!
A frustrated land owner.
I am thrilled to find a forum on this topic!
Without making the story too long, there are two people illegally living in one of our properties on our dairy farm.
They have been there for over a year as a family member who used to live in the house (more than 3 years ago) has
taken advantage of a bad situation (family member dying) to tell these people that they can move into the house without the owners permission.
It took a year of talking to the executor of the estate about getting rid of them (and verbally trespassing them to their face) and they never took action, so we have finally got our own legal advice and served the vagrants with a trespass notice. That was about 3 weeks ago.
Today at 5pm, the notice lapsed and they have made no attempt to move. The police are organised to come and give them three days to leave or else they'll be arrested.
When driving past the house to confirm they're still there this afternoon, one came out and said that he had filed a claim with the tenancy tribunal, and claimed that
this meant that the trespass was no longer valid and couldn't proceed.
So now we have a trespasser claiming to be a tenant and he's trying to take us to court either for the ownership of the house or a tenancy (not sure which), but he has no right to be there and no agreement with the landowner, so surely that claim means nothing and we can still kick them the heck out of our other house? We have never received reward for them living there, we supply the water and there's no power. The house is unsafe hence why we don't want them there because it stuffs our insurance.
Can we still proceed with the trespass or will we be held up because of the ludicrous claim?
Any clarification on this would be excellent!
A frustrated land owner.
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