Tennant leaving boyfriend trying to stay

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    Tennant leaving boyfriend trying to stay

    My tenant has a sole tenancy she has given me her notice in writing. But then informed me her boyfriend might not leave. I told her that the property needs to be vacant of content and people for it to end on the set date. Where do I stand if he stays I have told him he cannot have a new tenancy and to be left on the specific date. Any advice would be appreciated thanks

    #2
    The tenancy ends at the end of the notice.
    Do not accept any money from the boyfriend.

    Others will be able to advise on the legal position of the boyfriend and how to get him out (I'm not sure it counts as the tenant holding over).

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      #3
      So I assume if I don't accept any payment from him I can treat him as a trespasser?

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        #4
        He will be a trespasser, but you will still need to go to court to remove them.

        I would point out to the tenant that she can't serve notice and leave the boyfriend there, because you will pursuing her for all of the legal costs (and any other costs) for removing him.
        That's going to cost her hundreds of pounds.

        She might argue that you should try and get the costs from the boyfriend, but she's the tenant.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          There are several questions, to which I don't know the answer.

          Do they have a right to occupy, in which case your ex-tenant may be liable for mesne profits at a figure set at twice the rent.

          If they don't, are they criminal or civil trespassers. My suspicion is that, as they first entered with valid permission, they aren't covered by the criminal trespass law, but the law may be more complex than I have assumed.

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            #6
            It's not criminal trespass.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              To try and put it simply.

              He is a guest of your tenant.
              If she gives up her tenancy then he can no longer be her guest there.
              So he has to leave when she does.

              If you take any rent from him then that complicates things and he may become your tenant - so don't.

              If he just stays there anyway then it's court / baliff time.

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                #8
                Can it really be argued she gave vacant possession? If so she should be liable for rent?

                Is the boyfriend aware she is leaving?

                Would you want to take the boyfriend as a tenant?. In which case, he would need to pass through all the tenant referencing checking and have a contract in his own name.



                Comment


                  #9
                  Originally posted by Flashback1966 View Post
                  Can it really be argued she gave vacant possession? If so she should be liable for rent?
                  The tenant's notice ends the tenancy, so the argument might be about whether leaving the other person there constitutes holding over, and I don't think that it does.


                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Why do you think it's not holding over? He is her guest and only she can eject him without a court order. I would have thought that a failure to do this would count as holding over?

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                      #11
                      Because I think that the only entity that can hold over is the tenant.
                      And the boyfriend (presumably ex) isn't a tenant.

                      Not saying that the landlord shouldn't say that it is holding over to the tenant and letting them worry about the mesne profits and who is or isn't holding over.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment

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