Rights of person not named tenancy agreement?

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    Rights of person not named tenancy agreement?

    A tenant has moved his girlfriend in to live with him.He is the sole name on the tenancy .I have no problem with this as she is making the property a couples home not a batchlar pad.Please what is the correct way his tenancy started on the 1/5/2012 it was only yesterday he had to tell me after my visit.He is happy to remain sole tenant but i DONT WANT HIM MOVING OUT AND HER HAVING LEGAL rights to stay because I did not have the correct paperwork.

    #2
    She would not have any legal rights to stay. He is the tenant. If he goes, she goes - but if she was 'naughty' and stayed - she'd be squatting and you could get her out easily (I believe), as recent new laws have been passed.

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      #3
      Unless you want her to have tenant's rights, don't add her to the tenancy agreement. He is the tenant with the rights, she will have none!

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        #4
        Slight edit to Claymores post - she would not be squatting because she had permission to be there from the tenant.

        What would actually happen is one of these:
        1) If tenant evicted, bailffs will remove her too; or
        2) If tenant gave notice, she would become a trespasser and could be quickly evicted through the courts.

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          #5
          Originally posted by Snorkerz View Post
          Slight edit to Claymores post - she would not be squatting because she had permission to be there from the tenant.

          What would actually happen is one of these:
          1) If tenant evicted, bailffs will remove her too; or
          2) If tenant gave notice, she would become a trespasser and could be quickly evicted through the courts.
          Nearly right - trespasser (not squatter) - good to see you back Snorkerz!

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            #6
            What it the boyfriend gets the girlfriend to sign a lodgers agreement.

            Just make sure you(landlord/owner) never accept any rent payments directly from the girlfriend.

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              #7
              The new offence of squatting does not apply in a case where the person did not enter as a trespasser. The act also specifically confirms that "the offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building)".

              The new law does not make it easier to evict a trespasser. In fact it has never been that difficult to evict a trespasser quickly.

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