Housemates gf letting herself in

[coaster]

Hello all, I have frequented this site often and have found it very useful but this is the first time I have posted.

I am currently in a houseshare and after a big bust up I asked my housemate to leave. Now his girlfriend is letting herself in with his keys to collect his post. I think this is wrong as he is not present and she is not a tenant. I would be happy to hand over the post if she knocks on the door but as I suspect she has stolen from me in the past I am not happy for her to let herself in. I have been present so far when she has done so but what happens if I am not in?

Thankyou in advance for any replies.

[jeffrey]

'Housemate' is a meaningless expression.
Is there one Tenancy Agreement, naming you and "housemate" (X) as joint tenants?
If so, X is presumably entitled to grant his friend licence to enter.
How do you know that she has stolen from you? Do you possess evidence of this?

[westminster]

• Do you own or rent the whole house (with you as the sole tenant), and the 'housemate' was your lodger?
  
• Or are you and the 'housemate' co-tenants on a joint tenancy agreement - if so, when does/did the fixed term end?
  
• Is the property in England/Wales?

[coaster]

Thankyou for your reply Jeffrey.

Yes it is a joint tenancy, which is due to end in one weeks time and then a new tenancy agreement will commence with myself and my new housemates.

No I do not have evidence of her stealing from me which is why I said 'suspect'.

[westminster]

Yes it is a joint tenancy, which is due to end in one weeks time

Then you do not have the authority to ask the other tenant to leave. They have as much right to live there as you do, until the end of the tenancy.

[coaster]

I asked Housemate to leave and he has handed in his notice, he has chosen not to stay in the property until the end of the tenancy.

[jeffrey]

But his Notice is to L, not to you. When the fixed term ends, will you:
a. also leave;
b. remain in the premises on an SPT; or
c. remain in the premises on a new AST?

[coaster]

My apologies, I realise I have not explained this very well. I asked Housemate to leave at the end of the tenancy, not immediately. As I mentioned before he chose to stay elsewhere for the remainder of the tenancy.

[coaster]

I will remain in the property and enter into a new AST.

[jeffrey]

I will remain in the property and enter into a new AST.

Make sure that L re-protects your deposit, then.

[karenlisam]

Hello all, I have frequented this site often and have found it very useful but this is the first time I have posted.

I am currently in a houseshare and after a big bust up I asked my housemate to leave. Now his girlfriend is letting herself in with his keys to collect his post. I think this is wrong as he is not present and she is not a tenant. I would be happy to hand over the post if she knocks on the door but as I suspect she has stolen from me in the past I am not happy for her to let herself in. I have been present so far when she has done so but what happens if I am not in?

Thankyou in advance for any replies.

Could you not just say to her you feel a bit funny about someone letting themselves in and see where it goes
You could try and keep the peace for the short time left and say you are thinking or her and wouldn't want her to walk in while you are strolling around in the nuddy or something and then ask her to give you a ring the night before she wants to pop round

Worth a try

If you suspect she has stolen from you in the past then when the new tenancy is issued then ask LL if it is okay if you change the front door lock at our own expense to be safe

[mind the gap]

Since you asked your housemate to leave when he had every right to continue to live in the property until the end of the tenancy, I cannot see how you can complain if he sends someone to collect his post.

The idea of a joint tenancy is that two or more people who know each other well and trust each other, enter into a contract to live as one household for an agreed term. Both/all are jointly responsible (for rent, bills, etc.) but are also jointly granted exclusive occupation. One tenant cannot ask another to leave simply because they fall out.

It is probably academic in your case, since the tenancy is soon to end anyway, but I do find it surprising that so many joint tenants (particularly students), know so little about their rights and responsibilities as joint tenants. Sharing a house with anyone other than their families proves a steep learning curve for many of them.

Good luck with your new tenancy - I hope you have found the right person to share with this time.