Tenant and Tenant co-habitor

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  • Tenant and Tenant co-habitor

    Hi, I wondered if I could ask for a few opinions on a current rental predicament...

    I rented a flat to a chap in July 2005, prior to him moving in I had to carry out a mini-renovation, rubbish cleared, floors scrubbed walls and ceilings all painted (The former tenant having a thing for candles - lots of candles!)

    A full and proper 'clickdocs' tenancy agreement is in place in his and my names, all correctly witnessed etc. I viewed 3 months payslips prior to renting the property to him. The tennancy is a shorthold for a one year initial period - clearly with a longer let in mind.

    So either way finding a good, employed tenant took around a month.

    My Tenant called today and advised that he had been living with his female partner for 2 months in the property, she must have moved in during August. He also advised that they were now splitting up and that he was going to move out as he had had enough of her. I advised that he was my tenant in law and that it would be best if she moved out but this is most definatly not the course which is ensueing.

    Personally as I have no idea who she is and her name is not on any paperwork I do not wish to rent to her. I do not feel that I should be forced into a position where I feel obliged to rent to her.

    I have been paid for Octobers rent and am holding a month as deposit. On Tuesday 1st November I expect another months rent as my tenant is probably not organised enough to cancel his payment.

    I would like to get my property back, keep as much as I can to cover the empty rental property and rent it elsewhere - any advice?

    Thanks for reading and thanks in advance for your thoughts!

  • #2
    1. You are correct, this chap is your tenant, you have no obligation to his girlfriend provided you have not accepted any rent from her, which would create a tenancy in her name.

    2. If this chap moves out, she has to leave as well or she will be seen as an illegal occupant and you should inform the police.

    3. You could offer her a tenancy, but i would advise asking her to fill out a tenancy application for and check her out. Application form available from www.tenantverify.co.uk.

    4. He has a right to move out as soon as he likes, however, he must continue to pay you rent untill you find a suitable replacement. You must actively look for a replacement and you can retain expenses from the deposit to find one.

    5. I see nothing from what you have written which would give you the grounds to evict this tenant before his term is up. That said you may know of a clause which he has broken but it would have to hold up in court.

    6. Consider not giving out 12 month tenancies in the future, 6 mmonths make life a lot easier when they go periodic.

    Hope this helps

    Comment


    • #3
      Dazalock is again totally correct. But just some extra issues on top of that which he may not have raised.

      - You can absolutelyb refuse her a tenancy, but basically speak to her! It could save you both time and money by accepting her as a tenant as long as she passes the same rules that your usual tenants would, as she is basically a tenant in waiting. Unless of course you have heard something speicifc that would mean you do not want her as a tenant? IT could mean for you a very easy, quick and cheap means of finding another tenant!

      - For number 5 of dazalocks suggestions, read number 4! Whilst you cannot evict him, he is still obliged to pay the rent on the property until you find a replacement tenant.....that is if he actually gives you notice. If not, then you cannot and should not rent out the property to another person, which would include his ex, until he has in fact given you notice that he himself intends to move out. Just bear in mind that legally, and in your individual case, the girlfriend has absolutely nothing to do with the tenancy...make sure that your (soon to be) ex tenant is fully aware of this!

      Apart from these two points I fully agree with dazalock on this!
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


      • #4
        Breach of Tenancy

        Does your tenancy prohibit use by anyone other than the tenant? If so he is in breach.

        You could request him to ask the girl to leave within 7 days. If she is not out by then I believe you can issue a possession request for return of the property within 14 days? After that you should be OK to apply to Court - if it's a direct frontal approach that you want to take.

        Someone correct me if I am wrong.

        Comment


        • #5
          Sorry but I believe you are wrong. It would be an unfair term to prohibit the tenant having "guests", and unenforceable in court. If the tenant has drawn up a contrct or even just taken rent off his girlfriend he could be accused of sub-letting, which you could proceed to court, but the discussion of sub-letting and assignment have been discussed elsewhere.

          Comment


          • #6
            Originally posted by dazalock
            or even just taken rent off his girlfriend he could be accused of sub-letting, which you could proceed to court
            I feel sure that would not apply in a situation like this, it would be totally reasonable for him to share the rent with his GF.

            Comment


            • #7
              Originally posted by archies dad
              Does your tenancy prohibit use by anyone other than the tenant? If so he is in breach.
              If your tenancy does prohibit this, then it would be an unfair term as it prevents the tenants quiet enjoyment of the property, and as such it would not be recognised by the courts.

              *EDIT* Sorry just noticed dazalock already said this.
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


              • #8
                Breach of Tenancy

                I suppose the real test would be in court.
                Within my own tenancy agreements under heading 'Limits on use and occupation' are the following;
                1) To use the Premises only as a single private residence for occupation by the Tenant personally and no other person whether members of the Tenant's family or not
                2) Not to assign sublet or part with or share possession or occupation of the whole or any part of the Premises.
                I did successfully obtain possession two years ago on one of my properties using the grounds of breach of tenancy of these clauses.

                Comment


                • #9
                  And do you not think that such a clause is grossly unfair on your tenants?? I am surprised that you did gain possession based upon those clauses.
                  Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                  Comment


                  • #10
                    Damo
                    From experience............

                    If you accept rent form the girlfriend, and it goes to court, the judge will say that you have acknowledged her, refer to her as unknown/unauthorised person in any correspondence, but do NOT accept rent from her….been there done that! You will need to start possession prodedings against her as soon as the tenant vacates. if your lucky she might just go! good luck

                    Comment


                    • #11
                      Breach of Tenancy

                      Absolutely agree with Plusabit. If an unauthorised person remains in the property they acquire rights of occupancy. If there is a solicitor on the forum correct me if I am wrong. If you then subsequently agree to give them a proper tenancy you give it subordinate to those rights.

                      Comment


                      • #12
                        She will only have rights IF he accepts rent from her, if she remains in the property After the tenant has left she is in illegal occupation.

                        She is a guest of the tenant, the LL has no responsibility to her.

                        Comment

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