Tuesday, 28 June 2016

Tenancy at Sufferance v Trespasser

Q: I have a tenant who refuses to move despite numerous eviction letters. He continues to pay rent directly into our bank account, blatantly ignoring our notices to quit. He has been advised that he has ongoing rights as long as he continues to pay rent, despite our opposition. Isn’t this trespassing?
 
A: A Tenancy at Sufferance, also called "Estate at Sufferance" or "Holdover Tenancy", is when a lawful tenant remains on property after the lease has expired or been terminated. While the tenant’s continued occupation may seem like trespassing, he is a Tenant at Sufferance because, at one point in time, you, the landlord, lawfully rented the premises to him. However, while not a trespasser, the tenant is in wrongful possession of the property; therefore all monies paid would be deemed to be Mesne Profits, and not rent, so you have all rights to evict at any point.

Get a court order and then get a Bailiff.

A Trespasser or Disseisor, on the other hand, never had lawful possession of the property.


2 comments:

simsim said...

I have a somewhat similar situation from a different perspective. My grandmother made a will after inviting my mother to live with her to take care of her and her husband. This will gave my mother the house with all in it and the accompanying land. She and one of her brothers exclusive rights to another 6 lots of land. However without my mother knowing my grandmother given the said house and land to my aunt by dead of gift. (my mother is the sole person who has been taking care of my grandmother for the last 11 years and still lives in the house). My question is 1. can my mother be removed without notice and under what conditions. 2. does she have to be compensated for the financial input in the house. NB my grandmother is still alive and now regrets the decision but my aunt is holding the certificate of title from my grandmother in the usa so that my grandmother cannot change the decision of the new will. can you please give some advise as to how to proceed

Jay said...

Good day. My husband and I have been living with his parents for over twelves years with the promise that they will sign over everything to us.We have developed the property and raised the value of the place by more than two times the amount.Now that we asked to have a sign on the deed they have changed their minds and they don't want to stick to there promise.I know we were wrong for goin by word and mouth. Pls can you give me some advice as to what options we have?