AST- tenant sharing possession without consent

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  • AST- tenant sharing possession without consent

    I signed a 12 month Assured Shorthold Tenancy Agreement with a tennant for a flat in Middlesex on 3 January 08. No other persons are named on the Tenancy Agreement . Its a standard AST agreement from Law pack.

    Clause 2.9 of the Tenancy Agreement states the Tenants Obligation. "You are not permitted to sublet, charge or part with or share possession or occupation of the property".

    The tennant has an other person staying with her and I have not recieved anything in writing of this from the tennant. Is this a breach of the Assured Shorthold Tenancy Agreement. Could I Issue a Section 8 notice for this matter?

  • #2
    Your tenant is allowed to have guests at her home, this has nothing to do with you.
    Why are you concerned??


    • #3
      You could try ground 12 but then this is only a discretionary ground for possession and how can you prove how long this person has been living with your tenant for?

      If you go to court you may well lose and may have to pay the costs of the proceedings (including possibly the tenants costs if they have legal representation).

      If your tenancy agreement has a break clause then if you REALLY don't want the tenant remaining then you can always issue a sec 21 as per the terms of the break clause (presuming any deposit they paid is protected and the tenant has been notified in the correct way)


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