My tenant who is 4 months into her tenancy agreement has moved her partner in without permission and Im wondering can use this to issue a new tenancy agreement with his name on it. She isn't the easiest tenant and I would also like to add an agreement break to the new tenancy because of the difficulty with her - he has rearranged the kitchen and removed cupboards without permission and I'm wondering if this may be an option to remove her. She is also pregnant and 4 of them living in a small 2 bed flat isn't going to be ideal. Any advice welcome.
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In reality I don’t think the tenant really needs your permission to mover her other half into the property. You might have something down in the tenancy agreement about who’s to occupy the property but the reality is that you’d need to go to court to enforce any such clause. You can suggest a new tenancy agreement in joint names but the tenant isn’t obligated to agree.
2 adults and 2 children (I assume this will make up the 4) is perfectly fine in a 2-bedroom property.
The only Section 8 grounds I can think of that could possibly be used for the cupboards are 13 (neglect of property) and 15 (poor treatment of furnishings). Both are discretionary grounds so could easily fail if it goes to court. If you want rid of the tenant then the easiest route would be to issue a Section 21, providing all you paperwork is in order, towards the final 2 months of the fixed term. -
Don't do it, if you create another tenancy, it will prolong it, if you have (assumed) provided a 12 month AST then Serve notice when it expires.
Arranging the cupboards, should be noted in any inspections and notify they T that they need to return the property back to how it was in the inventory. Remember the T doesn't need to sign a new tenancy.Comment
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Don't issue a new tenancy agreement if your intention is to move the tenant on.
It would start a new tenancy and make any new break clause tricky - particularly if the tenant notices it's there and refuses to sign it.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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Sounds like the usual benefit swindle to me. (Make believe you're a single mum to get your rent paid, then move your partner in on the QT.)To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.Comment
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Most likely, also depending on the age and sex of the children, they will need separate rooms eventually, so wont be a long term T. Get ready to serve notice. I would also check your insurance policy, as I renewed one of my policies recently, and I was just checking if they would still cover me if I had T's solely on benefits, they wouldn't.......Originally posted by JK0 View PostComment
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Totally agree, the classic - still the best. They sound like a nightmare and i would be looking to get rid as soon as i could whilst we still have S21, removing kitchen cupboards !!! In a 2 bed flat...... why the hell would you remove part of a fitted kitchen, what are you going to do with the space. The signs are all there, they would be gone if i were unlucky enough to have rented to them, and 4 people in a 2 bed flat is far too many.Originally posted by JK0 View PostComment
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Defo get ready for a battle with this.Comment
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Thanks so much for the input, sounds like i'm in for a bit of a bad run. Appreciate the advice.Comment
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