Thank you again. The current usa person does not have her name on any register and as the sister's name was associated when the usa sister was 12, so her name could not have been on any lease, there is no way they could both have been regulated. Also, as the parents were never regulated, or registered at the property, they can not have passed it on to their children. I can get confirmation, written and sworn, from the previous landlord that no permission to sublet was ever given and no evidence she was a legitimate regulated tenant was ever found. Of all the reading I have done about Regulated tenancies, not living in the property appeared to nullify all the rights. Owning another property also nullified as in that instance one is not considered in need of financial securities. Which notice under the 1985 Act is the right one to serve? I'll look for the solicitor too. Many thanks gain.

And a last point, if anyone can recommend a great solicitor for me to get advice from so I know what action to take, when, that would also be great. Thanks again, alex

Hi, It is assumption that the original regulated tenant died at some point in the 70s. The property was being managed by an agent and the owner was not aware of what was happening...she has now died as has her son. The current USA tenant claimed that she automatically took over her sister's tenancy and must continue at a regulated rater. Her sister is still alive as are her parents. At that point, by my understanding, the tenancy should have reverted to an AST even if the USA tenant wanted to stay. What information can I use to show she does not reside at the property? Apparently under data protection, location companies cannot tell who is on any utility bills. I believe that she has no current paperwork connecting her to the property. As far as I am aware, the previous LL did not notify anyone of changes to ownership - as the freehold ownership has not changed and she sought legal advice on that point. I have written to the current occupants introducing myself but have not had a response. What information would the USA tenant need to show that she had any legitimate claim to regulated status? Surely living and working abroad nullifies any rights? You're all being wonderful, many thanks.

Thank you. That's very helpful. The original 'tenant' was paying £429pcm to the previous leaseholder. It is the same woman as living in USA as the photograph on her passport is the same as on her facebook and linked in pages and her nephew and his girlfriend have her in their facebook friends lists. The previous leaseholder inherited the flat when her husband died. It had been his and his mother's before that and was managed by an estate agent who began this tenancy in the same of the woman's sister when the USA resident was 12. They are most probably friends of the family of the estate agent and when the genuine regulated tenant died, the new agreement was set up as a favour but as it was so long ago. When the previous landlord began to manage the properties for herself, she discovered that of the four regulated tenants she had, this one was anomalous. As a result, five years ago the current USA resident was asked to provide information to substantiate the tenancy and that she lived there. She said she would send a driving licence but only ever sent her passport. She write a letter saying she did not have to tell anyone who was living in the property and a solicitor wrote back saying that, if she was a regulated tenant, she did have to. The previous leaseholder has carried out some maintenance in the property and has never met the USA resident - always being let in by someone else. Neighbours in the street who have known people coming and going from the flat, have never seen her and are willing to sign statements to that effect. I have also found that they nephew has registered a company with Companies House at the address. The previous landlord will provide a statement to confirm that she was not notified of any other tenants or a business - even though the previous landlord arranged the buildings insurance. How can a person substantiate a claim to a regulated tenancy without a rent book or tenancy agreement? If the person is living abroad and has done so for several years and owns a property abroad, doesn't that breech the terms of a regulated tenancy? Thanks again.

Hi, This is a question about the correct process for me to apply for a Possession Order given the complex circumstances of the property's occupation. I am the new –since May- leasholder of a flat. It was only affordable for me because it comes with a complex occupier problem. Five years ago, when the property was inherited, the ‘tenant’ claimed to be regulated. From her figures, she was 12 when she took over the tenancy (she is currently 52.) That person does not live in the UK. I have a land registry document showing she owns a house in the USA. She is employed in a school in the USA and her name appears on their staff list. She has a Linked in profile stating that her work for the last 10 years has been in America. I have a screen shot of a facebook page where she says she is trying to earn extra money “to afford a trip to the UK in the summer as flights are really expensive.” She has not been on the electoral roll at the UK property for years –if at all. The property appears – according the current electoral roll –to be occupied by her nephew and his girlfriend. All information from facebook! The nephew registered a business at the property in August last year – as listed by Companies House. I went round to the flat and knocked on the door but got no answer. I popped a letter addressed to ‘the current occupiers’ introducing myself and explaining that I had no paperwork for a tenant in the property so could they contact me, by email or using the SAE, and let me know basic information about themselves – identities etc. their rent and any proposed leaving date etc. (it was a 1 page form with mainly tick boxes). I heard nothing so sent a recorded delivery letter to the registered company with a duplicate and new letter saying if I didn’t hear from them I would begin proceedings to gain possession of the property. I am not sure what notice to serve or possession order to apply for! As there is no Assured short hold tenancy it seems the Section 21 notice is invalid. As they did not forcibly gain entry they are not trespassers. The original tenant had no legal right to allow them a tenancy or license to stay – as she is not resident in the country. What is the correct process for evicting the occupiers? Can I apply for an Interim Possession Order for trespassers even though I knew someone was probably in the flat when it became mine – over 28 days ago? Are there any other grounds on which I can apply? Any help would be very much appreciated.