Tenant has left but his girlfriend remains- let to her?

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    Tenant has left but his girlfriend remains- let to her?

    I am quite new to the letting scene and would benefit greatly from any good advice.
    I have a tennent on an AST for 6 months running out 27/12/06, his girlfriend and her two children are also mentioned on the agreement but the AST is in his name only. She does not work
    She has now contacted me saying that he has left her and she wants to stay but will need to pay me via housing benefit and making up any possible shortfall herself.
    I know I must issue him a S21 before the 27th even though I know he is no longer living there - but how do I stand with he, presumably she is abliged to leave on or before the 27/12/06
    Should I consider giving her a AST or would that mean that i am then at the mercy of fair rent tribunals, housing benefit payments etc etc


    What is the best thing to do.

    Thanks
    Slyfox ( only because Dave was already taken )

    I have just read in another thread that you cannot issue an S21 in the first 6 months of an AST is this true ? and if so how do I proceed
    Is it typical to have this type of scenario with your first tenant in your first property ?
    Last edited by slyfox; 23-10-2006, 20:40 PM. Reason: Additional information

    #2
    You can serve an S21 notice at any time you like, however it must give the tenant at least two months notice and it cannot expire before the end of the fixed period of the AST. Hence, as you correctly state, the notice must be served on or before the 27th.
    Service of this notice will enable you to start court proceedings to evict the tenant and anybody else occupying the property on the 27th. December. The notice should be served at the property in the name of the tenant even though he is no longer in residence.
    If you accept any rent from the Girlfriend herself, then there is a chance that a court may consider you to have granted her a verbal AST. In this case, or if you do indeed grant her a written one, you are at the mercy of the of the housing benefit system, and if she doesn't work, how can or will she top up her rent? Also, you cannot then apply to the courts for possession until this arrangement has been in operation for six months.

    If you want to be nice to her, then you can ask her to organise a rent determination so the LA will tell her how much they are prepared to pay. If this will meet the actual rent, then you can consider making her a tenant, but you will still have to put up with the problems of receiving rent paid under the HB system.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Additional

      Thank you P.Pilcher for your advice.

      Yes me and my wife would like to be nice to her however we feel that she could use the system against us if we are not careful. And as we have only been in the game for 4 months we have a lot to learn !

      Also apparently he did not have a bank account so her account has been paying the d/d since day one - does that make any difference.

      p.s. to administrator - I have tried but been unable to access the section 21 form on this site, my adobe either isnt working or there is a problem at your end. Where else can I access a blank S21 ?

      Comment


        #4
        If she has 2 children then she will be offered full HB(if she is not working). make sure you get the money paid directly to you if you still want them to stay. I am not sure about the legal side of the other question

        Comment


          #5
          Originally posted by slyfox View Post
          Also apparently he did not have a bank account so her account has been paying the d/d since day one - does that make any difference.
          This might muddy the water.

          It is good practice for all landlords to give receipts for cash and cheques received from anyone other than the tenant. The receipt should state something along the lines of "Received from Miss Third Party as agent for Mr True Tenant"

          You may want to consider sending her a letter anyway saying that as she is not the tenant named on the tenancy, all payments received through the bank or otherwise will be as agent of the named tenant. Also, that if she makes any payments while you are considering granting a tenancy, these will be subject to contract and successful referencing and status enquires.
          On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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