T on benefits wishes to cohabit but conceal this fact

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    T on benefits wishes to cohabit but conceal this fact

    Hi, need some advice please if poss -
    I have a DSS tenant a single mum on a assured shorthold tenancy who wants to move her partner in . Trouble is she wants to move him in and the way she is speaking not inform the DSS which i know is illegal. Normally i would insist on a joint tenancy but her partner moved in with her on a joint tenancy and left her as soon as he could and it has taken so long for me to get the rent via the DSS i do not want him on the tenancy at all.
    Can i refuse for him to move back in because then i know it would only be a short time before he left and i was back to square one with no guarantee that the DSS would pay her rent next time.

    thanks mark.

    #2
    Hi

    Generally speaking exclusive possession entitles the tenant to invite others to joint him or her, provided the property is not thereby overcrowded. It is not uncommon for the tenancy agreement to restrict the number of occupants or to prohibit other people from living there without the landlord's permission. The enforceability of such clauses is at the very least questionable, but if your agreement contains such a clause you could contact the tenant to remind them of this.

    Comment


      #3
      Tenants rights.

      Hi,
      Thanks for prompt reply ! The main problen is that once he moves in all my tenants benefits will cease and she will have no means of paying the rent.
      Does the tenant have to inform me she is moving him in because like i said he will only be there a matter of weeks before he goes again and she loses her means to pay the rent.
      I suppose she could technically inform the council and then when her benefits stop get him to pay the rent albeit through her.
      I do not want her partner back in any shape or form really because last time the police were called when he attacked her and the elderly neighbour complained about the late night rows.

      Comment


        #4
        She only has to tell you if the tenancy agreement says she does I'm afraid.

        Comment


          #5
          Hi,
          So basically she does not have to inform me that her means of payment have changed ie DSS payment stopped .
          So i as a landlord have no rights to stop her partner even though the police were callerd last time and the neighbour complained ? because all i will get once again when he moves in is grief and then in a couple of months we will be back down the DSS route again .
          Seems like a "lose lose" situation to me !

          regards mark.

          Comment


            #6
            But if Hubby does cause more trouble then you can get rid of tenant on s8 g14, which doesn't need 14 days notice.

            Comment


              #7
              I've been through this mill before, and I'm afraid it is a very frustrating process for the L.
              My honest sugguestion is to turn a blind eye - as long as you still get your rent. I hate to say this, but the DSS rent payment is a joke, hence why I have now stopped letting to DSS tenants.

              Comment


                #8
                I refuse to turn a blind eye, Basic point i dont want him in my house can i legally tell her he cant move in.

                Comment


                  #9
                  Originally posted by ljstof4 View Post
                  I refuse to turn a blind eye, Basic point i dont want him in my house can i legally tell her he cant move in.
                  Yes. If there is a clause prohibiting sharing of occupation, tell T that you will serve s.8 Notice on g12.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                    #10
                    hi could anyone tell me what s8 g14 is please,

                    Comment


                      #11
                      Originally posted by ljstof4 View Post
                      hi could anyone tell me what s8 g14 is please,
                      Ground 14 in Schedule 2 to the Housing Act 1988, which L can cite in a Notice to T under section 8.
                      Here's the whole Act: http://www.statutelaw.gov.uk/legResu...=1&SortAlpha=0
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by jeffrey View Post
                        Ground 14 in Schedule 2 to the Housing Act 1988, which L can cite in a Notice to T under section 8.
                        Here's the whole Act: http://www.statutelaw.gov.uk/legResu...=1&SortAlpha=0
                        Ground 12
                        Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
                        Ground 14
                        The tenant or a person residing in or visiting the dwelling-house—
                        (a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
                        (b)has been convicted of—
                        (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
                        (ii) an indictable offence committed in, or in the locality of, the dwelling-house.
                        You would issue a section 8 notice, (giving 14 days notice if you don't use g14) stating that you intended to seek possession through the courts. You then apply for a possession order at a cost of £100 (google pcol). Hearing will be 4/6 weeks later, when a judge will have to decide IF the breach of the tenancy is sufficient to warrant eviction. If he agrees to your application, the tenants will be given a minimum of 14 days to leave.

                        Comment


                          #13
                          If she conceals that her partner has moved into the property, then you may be liable for full refund of the housing benefit. I know some councils send this sort of letter out. So why take the risk?.

                          Also, I do put on my contract the maximum number of people in the property. But I am surprised to hear this is not enforceable?. I had a problem a few years ago, where the tenant started off well, but then started sub-letting the other rooms.....

                          Comment


                            #14
                            Originally posted by rajeshk4u View Post
                            Also, I do put on my contract the maximum number of people in the property. But I am surprised to hear this is not enforceable?. I had a problem a few years ago, where the tenant started off well, but then started sub-letting the other rooms.....
                            Why should it not be enforceable (e.g. by ground 12 under a s.8 Notice)?
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              s8 g14

                              section 8 notice ground 14

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