Loidger or tenant

[bobster]

My ex Partner has now moved to France where she has become resident. I now live in the house in the UK which is owned by her. We took in a couple to help pay costs sharing kitchen and bathroom and being unhappy with them want them to leave. What are the rights of the situation given that firstly she returns to visit and stay infrequently, (does this make a difference) and secondly I live permantly in the house.

Thanks

[westminster]

My ex Partner has now moved to France where she has become resident. I now live in the house in the UK which is owned by her. We took in a couple to help pay costs sharing kitchen and bathroom and being unhappy with them want them to leave. What are the rights of the situation given that firstly she returns to visit and stay infrequently, (does this make a difference) and secondly I live permantly in the house.

Thanks

Is the house in England/Wales?

You say "we took in a couple" but you/your ex cannot both be the landlord. Either you rented a room to them, or your ex-partner did.

Is there a written contract with the couple? If so, who is the landlord on this and is there a fixed term? Who do the couple pay rent to?

[bobster]

The House is in England. My Ex is the landlord, there is a written contract, a basic one you get from the high street on which she is the landlord. I'm not sure if that type of contract is always fixed term.

Thanks for your interest

[westminster]

Based on what you say, the couple are probably assured shorthold tenants, with exclusive possession of the room they rent, and your ex-partner is their landlord. As such, the only way to evict (assuming it's just because they're a pain in the neck and no other reason) is by your ex-partner serving a s.21 notice, and then applying for a possession order. You'll need to give us more info about the tenancy contract (date fixed term commenced, length of term, rent frequency, in order for us to advise on s.21 notice details - and did the couple pay a deposit?).

It would have been a lot easier if you had taken the couple in as your lodgers (i.e. you as a resident landlord, with rent payable to you, not your ex), because it's much easier to evict lodgers.

[bobster]

Yes I understand all this now. They did pay a deposit and I think it may be best to see out the contract (they do pay the rent, but I would prefer someone else here in the future), and then not renew it. I would then presume that it is at that point what you say about the s.21 would come into effect if there was a problem.

[westminster]

Yes I understand all this now. They did pay a deposit and I think it may be best to see out the contract (they do pay the rent, but I would prefer someone else here in the future), and then not renew it. I would then presume that it is at that point what you say about the s.21 would come into effect if there was a problem.

Your ex-partner needs to protect the deposit (assuming this hasn't been done already) with http://www.depositprotection.com/ and also provide T with the prescribed information (see link) - otherwise, she can't use the s.21 route to possession, and is also exposed to a claim for 3x the value of the deposit for non-compliance. N.B. essential to obtain proof of giving T the prescribed info - either proof of posting, or get them to sign a receipt.

If the couple have a fixed term contract, then unless they are in breach (e.g. unpaid rent etc) LL has no choice but to 'see out the contract'. If they don't move out on or before fixed term expiry, then a statutory periodic tenancy will arise (a.k.a. a rolling contract). Not renewing the contract will not end the tenancy.

Best thing for LL to do is:
1. Protect the deposit and provide T with the prescribed information, then after that's done
2. Serve a s.21 notice, which must give T at least two months and cannot expire before the end of the fixed term - template here and see also this link.*

Then, if Ts don't move out at notice/fixed term expiry, LL should apply for a possession order via the county court using Form N5B.

*N.B. essential to keep copy notice and obtain proof of service. Usually one would advise LL making three copies of the notice, keeping one, and sending the other two by first class post, from two separate post offices, and obtaining two free certificates of posting. But as you're in situ, and LL is in France, maybe you could give T the notice and get a signed receipt from them. Also, if LL wants the s.21 notice expiry date to be the last day of the fixed term, - e.g. a term commencing 1st Jan for six months will run 1st Jan - 30th June, - then the notice must say it expires "after 30th June". If it says "on 30th June" then that is still within the fixed term and the notice will be invalid.