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Question Title: Illegal immigrants from Brazil
| Question: 348 |
| I recently let a house to a couple who paid the full six month's rent upfront. I subsequently discovered that they were using the property to accommodate illegal immigrants from Brazil. The Immigration Service have raided the property and detained the occupants pending deportation. The tenants have done a bunk and I really don't think that I will see them again. What can I do?
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| Answer: |
| There would appear to be three options for you in this case. The tenancy continues to exist and you could secure the property and wait for the six month to expire and then take possession of the property. Any costs could be recovered from the deposit, assuming that the tenancy clause permits you to deduct "any reasonable costs incurred for the breach of any obligation" (extract from the Letting Centre's AST agreement). Alternatively, you could take court action to recover possession of the property immediately under Ground 12 of Schedule 2 Housing Act 1988 "Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed." Or, finally, you could take the decision that the property has been "abandoned" and enter and recover possession. Whilst all the elements for abandonment may or may not be present (e.g. presence of the tenant's effects at the property), the commercial risk may, in this case, be worth taking.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 2004 page 17 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Possession Issues