# Sitting tenant problem



## Julie Kelly (5 mo ago)

Hi everyone

I've just joined and am seeking some advice, my house has finally sold after 10 years but now I have a sitting tenant through a 3rd party who now has just walked away leaving a tenant, any advice apart from going to court, I've had the water disconnected but the agent thinks if I disconnect the electric he might damage the house


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## Tanya Harron (7 mo ago)

Gosh, where were you selling that it took so long? Poor you. That's awful.


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## Julie Kelly (5 mo ago)

Hi Tanya
Thank for your reply, In Almeria, had to wait 5 years to sell it due to inheritance tax as my husband passed away pulling my hair out


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## Tanya Harron (7 mo ago)

Oh you poor darling. I am so very sorry. What a sad and stressful time for you. Condolences. And I wish you much happiness going forward. X. Are you going to live in Almeria in the future still? 
We are currently trying to sell our house in Northern Ireland to move over..


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## xabiaxica (Jun 23, 2009)

Julie Kelly said:


> Hi everyone
> 
> I've just joined and am seeking some advice, my house has finally sold after 10 years but now I have a sitting tenant through a 3rd party who now has just walked away leaving a tenant, any advice apart from going to court, I've had the water disconnected but the agent thinks if I disconnect the electric he might damage the house


Is the tenant paying the rent?

It's actually illegal to diconnect utilities.


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## MataMata (Nov 30, 2008)

Three words to largely avoid such predicaments.

*Power of Attorney*


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## snikpoh (Nov 19, 2007)

MataMata said:


> Three words to largely avoid such predicaments.
> 
> *Power of Attorney*


I don't think that helps the OP at all.

1) If you disconnect utilities then you can be taken to court - as @XabiaChica stated, that is quite illegal.
2) The tenant is allowed to stay there until their contract expires. If they don't have one, then they can stay for up to 5 years

Even if a property is sold, the tenant can NOT be evicted.


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## kaipa (Aug 3, 2013)

snikpoh said:


> I don't think that helps the OP at all.
> 
> 1) If you disconnect utilities then you can be taken to court - as @XabiaChica stated, that is quite illegal.
> 2) The tenant is allowed to stay there until their contract expires. If they don't have one, then they can stay for up to 5 years
> ...


Unfortunately I think the above is true. Many people cut their losses and pay the tenant to move- that way you get back your asset but at a fraction of its cost. It's a pain but given the various taxes you have to pay it can be seen as just another outlay.


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## Barriej (Jul 23, 2012)

Julie Kelly said:


> Hi everyone
> 
> I've just joined and am seeking some advice, my house has finally sold after 10 years but now I have a sitting tenant through a 3rd party who now has just walked away leaving a tenant, any advice apart from going to court, I've had the water disconnected but the agent thinks if I disconnect the electric he might damage the house


Maybe Im reading your comment wrong but to me it sounds like you have sold a house with a sitting tenant. So whats the issue? 
Its the new owners problem is it not? 
Or are you saying that the sale wont go through with the sitting tenant?

Anyway, the law here is mainly on the tenants side, so its not going to be easy or cheap to remove them if they have a contract or not which would make them squatters. (which may or not be illegal if the place was sublet by someone you let it to).
Are the water and electric still in your name?

You need proper legal advise to be honest, I doubt you will find the answer here.....


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