Firstly, if you only have the original tenant on the AST, her boyfriend may have limited rights at the property but is not a squatter. Effectively, the tenancy hasn't ended because she has not given you vacant possession of your property at the end of any written notice from her/you.
You don't have a contract with the person now in the house, so your original tenant remains responsible for the rent/damage to the property until you regain vacant possession. Make sure she knows this and that you will pursue her for all outstanding amounts. This may make her shift the boyfriend.
Serve a S21 notice in the name of your original tenant only (you must use the details on your original AST) also serve a S8 if she is 2 months in arrears.
Don't take any money from the ex boyfriend otherwise you may well be creating a new AST.
If the ex boyfriend doesn't move out on hearing all this, then you will have to proceed to the courts for eviction, but you do this all in the original tenant's name. If it goes to bailiffs they will remove anyone at the property at the appropriate time.
If you don't know what you're doing then get someone like Landlord Action to do it for you. They advertise on this site i believe.
My Tennant as left but her boyfriend hasnt
Collapse
X
-
Thanks for all the good advice guys.
Just one last thing Andy. Would an sms text message be adequate. That is what she sent me to say she as left. I can't get old of her also when I try to contact her
Leave a comment:
-
I would get the tenant to confirm that she has ended the tenancy in writing.This may help if the boyfriend claims that he is a tenant by assignation.
Leave a comment:
-
The "not to asign or sublet" term is not exactly unfair - it is in the way that it is put into this contract because as you say, it removes a choice of the tenant - but if the words "without the consent of the landlord which will not be unreasonably withheld" were added, it would make it a fair contract term.
However, the tenant cannot simply ignore it as it stands. If a tenant were able to do this, he or she could move any undesirable into the property and simply say "I have assigned the tenancy to Bertie the Tramp - collect the rent from him". Any reasonable landlord would not accept Bertie the Tramp as his or her tenant - the landlord does have a right to choose who will live in his property and the unfair contract term legislation does not remove this right.
The rent is paid until the end of January - I would be inclined to leave things until then to see if the boyfriend moves out. If he does - all is well -if not, then since he is not a tenant or licensee, then he could be ejected under the speedy possession process for squatters. However, if he claims to have an assigned tenancy, then possession will have to be sought in the normal way OR you could regularise the tenancy and accept him as a new tenant.
Leave a comment:
-
Oh sorry my apologies mis read it. Well if you have not accepted any rent from this guy, then he cannot be considered a tenant. As to getting him out you would have to wait until someone else posts, as I am really unsure! He is possibly classed as a squatter. I would do a search on these forums, as this question has definitely come up before.
With regards the agreement, yes this term is invalid - it is unfair as it removes basically any option the tenant has to get out of the agreement if needs be.
Leave a comment:
-
Sorry the girl was the tennant and she paid for the 6 months rent full cash. Contract and everything was in her name. I didnt know anyone else was staying there untill she as told me she as left (and canceled the utils) but her boyfriend hasnt
The line in the contract said Not to assign, or sublet part with possesion of property, or to let any other person live at the property.
Is this incorrect then because I paid and downloaded it from a Landlord website
Leave a comment:
-
Originally posted by KrisgoI have an assured shorthold tennancy contract with her and Its says in the contract not to assign or sublet the property.
First things first. This is an unfair term as defined by the OFT. As such, the term is null and void, so in fact your tenant can do either of these things. In future, only deny one of them(probably subletting).
Have you ever accepted rent off the girlfriend?
Leave a comment:
-
My Tennant as left but her boyfriend hasnt
Hi All can you help
My tennant as left my property one month before she was supposed to leave end of Jan But she tells be her ex boyfriend is still living there. I've tried to contact him by phone but he dosnt answer. Ive also vistited the house and also nobody comes to the door
I have an assured shorthold tennancy contract with her and Its says in the contract not to assign or sublet the property.
Rent payments have been met up to the end of Jan. But she as canceled her utilss bills. I'm just worried now that the tennant as gone and I have sombody living there who I think shouldnt be ?
Do any of you know my rights in this situation
Regards
KrisTags: None
Latest Activity
Collapse
-
by DoricPixie1. It is unusual for a radiator not to have a lockshield valve. Can you posts pictures of both ends of the radiator?
2. Seems very sensible of the landlord to carry out preventative maintenance of the roof rather than letting things deteriorate further until repairs become urgent and tenants...-
Channel: Residential Letting Questions
07-07-2022, 01:10 AM -
-
by A.RenterI started renting a ‘studio apartment’ (i.e. a bedsit) in January this year in a three-storey 1930s block – residents are a mix of renters and leaseholders. I am considering asking for rent reduction due to two main issues:
- Upon moving in I noticed that there is no way to turn off the radiator, as
-
Channel: Residential Letting Questions
06-07-2022, 16:41 PM -
by ash72The property is yours not the agents, they work for you, therefore you can enter your own property when it is vacant.
The carpets are your decision, but it may be a selling point if new carpets are placed especially after 20 years, and you may get a slightly higher rent, you should also...-
Channel: Residential Letting Questions
06-07-2022, 22:54 PM -
-
I'm glad I've found this forum as I'm in need of advice.
I'm a landlord and have rented my property through an agency(can I mention names?) for seven years. The current tenants are due to vacate the property on 20 July and new tenants are due in on 1 August....-
Channel: Residential Letting Questions
06-07-2022, 20:33 PM -
-
Reply to Am I obliged to....by mpppenI happy to provide a handrail, it seems the decent thing to but appreciate all the help. I was just wondering if I was legally obliged to but as others have said, there's potential liability if I don't....
-
Channel: Residential Letting Questions
06-07-2022, 22:40 PM -
-
by mpppenMorning.
A tenant living in a property for the last three years has emailed saying there's no handrail on the stairs and they this is is dangerous. They also say there is a large step down to the shed.
Am I obliged to provide one? The stairs themselves are quite narrow and...-
Channel: Residential Letting Questions
30-06-2022, 08:47 AM -
-
by AndrewDodNot planning to respond further as it is not clear whether the your landlord and the FH are one and the same, or why a small roof is taking 520 hours of work.
-
Channel: Residential Letting Questions
06-07-2022, 22:01 PM -
-
by Steve MaceyAm about finished in organzing and starting repairs on a house I want to let out soon. I dont know what checks I have to do and certificates I need to be able to let out a house now. I was planning on choosing an estate agent and having them tell me what I have to do after he's seen my repaired house...
-
Channel: Residential Letting Questions
04-06-2022, 10:24 AM -
-
by A.Renterthanks for responses.
yes it is the landlord/freeholder commissioning the works.
To clarify the radiator is off - they put it on each winter (Nov-Feb). The issues is that there no valve at all on it - one would need to be fixed.-
Channel: Residential Letting Questions
06-07-2022, 21:34 PM -
Leave a comment: