girlfriend has moved in

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    girlfriend has moved in

    Hi
    I know what I should do with this problem but some other options would be apprieciated
    I let a house to three young people on a shared shorthold tenancy.
    One has moved his girlfriend into his room without any discussion either with me or the other tenants. the first time I saw her there I asked if she had moved in, but she assured me she was only visiting.
    The other tenants are now complaining about this girl loud music etc I understand the neighbours have also complained about the noise.
    Is it reasonable to ask her to leave by the end of the month,
    Could I give the tenant his notice to quit as its a shared tenancy?

    #2
    Although your tenancy agreement may say something about not allowing others to move in, you can't really enforce this during the fixed term, as it's a potentially unfair term. You don't say how long they have lived there.

    To a certain extent you shouldn't really get that involved and try to get the tenants to sort it out between themseleves. However, if her behaviour is starting to impact on neighbours, you need to be having a word with the tenant, as he is responsible for her behaviour, whether he is there at the time or not. Explain that her behaviour is jeopardising his tenancy, and issue him with a Section 21 as a precaution. If you do have to evict him, it brings the entire tenancy to a end, as it is for all of them.

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      #3
      girlfriend has moved in

      Thanks
      the boy has lived there over 14 months this is the second tenancy period
      but his girlfriend appeared about five weeks ago

      Comment


        #4
        Originally posted by leonaph View Post
        Hi
        I know what I should do with this problem but some other options would be apprieciated
        I let a house to three young people on a shared shorthold tenancy.
        One has moved his girlfriend into his room without any discussion either with me or the other tenants. the first time I saw her there I asked if she had moved in, but she assured me she was only visiting.
        The other tenants are now complaining about this girl loud music etc I understand the neighbours have also complained about the noise.
        Is it reasonable to ask her to leave by the end of the month,
        Could I give the tenant his notice to quit as its a shared tenancy?
        Depends on your financial position! Id ask her to leave/get rid of the boyfriend/ or what i usually do get rid of all of them! for me personally time is money! I dont have the time to stand about and listen to he said/she said!

        Comment


          #5
          But you have time enough to spend on here. mmmmm .............

          Originally posted by Billy Whizz View Post
          Depends on your financial position! Id ask her to leave/get rid of the boyfriend/ or what i usually do get rid of all of them! for me personally time is money! I dont have the time to stand about and listen to he said/she said!
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment


            #6
            Originally posted by pippay View Post
            But you have time enough to spend on here. mmmmm .............
            Yeah! Its a great financial position to be in

            Comment


              #7
              Without further information it is not possible to support the solution offered by Billy Whizz as a complete answer to this situation.

              Do I read it correctly that there was an initial fixed period joint AST of twelve months and the tenancy is now in the second month of a new twelve month agreement?

              Section 21 action cannot be effective as a prompt solution in this case if there are 10 months to go before the end of the fixed term. If however there was no new AST signed then the tenancy is a periodic one and effective action can be taken by issueing a Section 21 notice as only two months notice will be needed.

              The landlord's involvement in this case must focus on the alleged noise nuisance being caused by the "guest" and not merely the breach of a potentially unfair tenancy condition. The tenants affected by the alleged noise nuisance should be advised to keep detailed diaries of the dates, times and description of each intrusion. If the nuisance is really serious it should be reported by the tenants to the local Environmental Health Department.

              However regardless of the length of time it will take to come into force a S21 notice should be issued and discussion should take place with the tenants you want to keep concerning renewal of their tenancy. The Section 21 notice should include a paragraph about the tenants seeking legal advice and that advice may include reference to the behaviour of the tenant about which complaint has been made.

              If the problem is really severe then the AST terms should be reviewed and consideration given to whether or not there could be grounds for a Section 8 notice.
              Vic - wicked landlord
              Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
              Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

              Comment


                #8
                Thanks I know section 21 wont sove the immediate problem which is just
                escalating out of hand.
                I called at the house last night at the request of the two 'good' tenants
                It seems this guest is trying to take over the household, She shouts and bullies the other tenants one of whom is quite young and timid, if some one switches on the hot water she tells them to switch it off, she will not allow any windows open even in the bathroom where I can see condensation problems starting. or in the tenants private rooms.
                I asked how long she is staying there but she couldn't give me an answer.
                Her boyfriend was not in at the time so I left saying I would contact him to make an appointment with him.

                I had driven less than a quarter of a mile when the 'timid tenant'
                begged me to come back. the guest had threatened her 'WAIT UNTIL *** COMES HOME YOU'VE HAD YOUR LAST CHANCE.
                I returned and waited until the boyfriend came home Rightly or wrongly I told him his girlfriend had to leave as soon as possible. To which he said they would both leave
                I guess I will just have to see what happens next.

                Comment


                  #9
                  Please tell the members on what date the current tenancy commenced and what is the length of the fixed term?

                  Comment


                    #10
                    Originally posted by leonaph View Post
                    I returned and waited until the boyfriend came home Rightly or wrongly I told him his girlfriend had to leave as soon as possible. To which he said they would both leave
                    Take care here as you are verging on the grounds of effecting something that could be regarding as harassment or illegal eviction.

                    Maybe get a letter confirming the problems focussing on noise and disturbance with a copy for the tenant to sign and return to you as a receipt.

                    Confirm in that letter that it is the decision of the tenant to leavet rather than rectify the problem.

                    Enclose a Section 21 - one of which must be addressed to each of the joint tenants with an explanatory letter.

                    In that explanatory letter state that you will be prepared, before the expiry of this notice, agree to the ending of the current joint tenancy and the issue of a new joint tenancy to the remaining tenants provided that a suitable replacement tenant who must satisfy the checks of a tenant verification service is nominated and agreed by the current tenants.

                    The ending of the current tenancy can only be by the mutual agreement of all tenants and the landlord.

                    Until such time as a replacement tenant is in occupation your nuisance tenant is liable for his part of the rent of the property (BTW do you receive one rental payment from the tenants in common or do you receive separate rental payments from each?)

                    Do get something in writing from the nuisance tenant or at least state that the failure to respond to this letter and departure from the property and non-payment of rent could be regarded by yourself and the other tenants as intent to end the tenancy.

                    Note that if you issue a new tenancy agreement and don't have anything in writing from the tenant you might be guilty of illegal eviction.

                    A complex situation and it might be best to get advice from a specialist solicitor advertising on this forum.
                    Last edited by Worldlife; 24-10-2006, 19:08 PM.
                    Vic - wicked landlord
                    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                    Comment


                      #11
                      Thank you for the good advice coming my way
                      the tenancy agreement is dated 22/9/06 and runs for 9 months
                      as I let to students. This tenant plus one other both had a summer tenancy
                      agreement so the tenant has been living in the house Since september 2005

                      By the way the agreement was signed before I realised this guest was in the picture

                      Its not so much that I want the tenant to leave just his nasty girlfriend
                      the TA reads - Not to take in any lodger or paying guest without the prior written consent of the landlord
                      Last edited by leonaph; 24-10-2006, 21:10 PM. Reason: thought of something extra

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