Tenants Partner

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants Partner

    Hello,I found out last night that one of our tenants has moved her boyfriend in. It is a 4 bedroom shared house and no couples are allowed which is always stated when advertising a room. Only her name is on the AST and there is a clause about overnight guests in her contract.
    Where do I stand at the present moment due to Lockdown about asking him to leave/or both of them as she broke her tenancy agreement?
    Many Thanks

    #2
    You could serve a section 8 notice with the breach of the contract as the grounds.
    That's not a mandatory ground, and the notice period is six months.

    If this is an HMO and not normally subject to a licensing regime, 5 people would mean it now falls into the large HMO category and would require licensing.
    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


      #3
      Does each T have there own tenancy agreement, as it will most likely depend upon this. In the first instance I would communicate with the T and discuss the situation, I'm not sure it can be enforced to restrict guests from staying the night, if it more permanent then it would affect the HMO status of permitted occupiers.

      Comment


        #4
        I know with 5 people there it changes into an HMO requiring a license that is why I specify no couples and only 4 tenants. Each tenant has their own AST. There is a clause in our contracts saying guests to stay over 2 nights a week as we have had tenants moving partners in before. It is always made clear to them before they rent the room.

        Comment


          #5
          Why not start by speaking to your tenant. Has he actually moved in or is he just staying over? Once you know the facts you can remind her, if necessary about the no couples & overnight guest clause.

          With good communication you may avoid a problem altogether.

          Comment


            #6
            This is always a risk with any property. You might argue that by moving her boyfriend in, your tenant has created the HMO and is responsible for licensing, but I don't know whether this argument has ever worked in practice.

            Comment


              #7
              I have spoken to the tenant,I have explained the situation about only 4 tenants allowed to live there due to licensing. She has moved him in,he lives there full time and has for a while. She thinks that because of Covid and evictions there is nothing I can do during lockdown. She will not ask him to leave

              Comment


                #8
                Originally posted by Corinne333 View Post
                I have spoken to the tenant,I have explained the situation about only 4 tenants allowed to live there due to licensing. She has moved him in,he lives there full time and has for a while. She thinks that because of Covid and evictions there is nothing I can do during lockdown. She will not ask him to leave
                Whoops, then you know the kind of tenant you have, i would look at getting rid but of course we all understand how that will go at present. In practice there is very little you can do, as has been said before the tenant(s) hold the upper hand at the moment.

                Comment


                  #9
                  In which case I'd put the rent up at the next opportunity.
                  And I'd serve notice anyway.

                  I would also send a formal confirmation that she is in breach of the terms of her tenancy and that you will claim compensation for any loss arsing from the breach, which could be considerable.
                  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
                    You will also need to let the Council know that there is a breach of HMO legislation caused by the tenant and ask for a Temporary Exemption Notice whilst you attempt to evict her.

                    Comment


                      #11
                      I feel that if I put her rent up then I am accepting her partner as living there and that makes me part of breaking the HMO rules

                      Comment


                        #12
                        Originally posted by Corinne333 View Post
                        I feel that if I put her rent up then I am accepting her partner as living there and that makes me part of breaking the HMO rules
                        You're putting up her rent to incentivise her to move.
                        I'd increase it by 50% for another person.

                        You're part of breaking the HMO rules and your routes forward are limited.
                        The council will most likely take the route that's simplest and earns them some money - they'll just tell you you have to be licensed.
                        They have no incentive to do anything else.

                        The tenant knows that they can't be evicted very easily and is taking advantage of the fact.
                        Increasing the rent as soon as you can is about all you've got.
                        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


                          #13
                          Thank you jpkeates. I will inform the council tomorrow,increase the rent and serve notice

                          Comment


                            #14
                            Don't forget to ask the Council for that TEN, although it may only be delaying the inevitable. Also make sure your tenancy agreement doesn't specify how and by how much rent can be increased.

                            You may also get away with a s8g14 notice given that the tenant has probably breached covid legislation and put other tenants at risk. That would be much quicker. Take advice on that though.

                            Comment


                              #15
                              I would increase the rent 100% and then wait until another tenant leaves naturally - that way you stay at 4 people and get full rent.

                              Also issue her notice.
                              My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X