getting tenants to leave before tenancy period expires.

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    getting tenants to leave before tenancy period expires.

    I recently rented a flat to a woman who said she had recently split from her husband. she is the only tenant who signed the unfurnished assured shorthold tenancy agreement. Next I heard she had got back together with her husband who had moved into the flat with her. she did not discuss this with me before he moved in. now apparently they have had another break up and she has moved out, leaving him in the flat.
    Does she still have a legal obligation to pay the rent or does that automatically pass to him? also, as he is not a named tenant, can I remove him from the property if the rent is not paid?
    many thanks for any advice.

    #2
    sole occupier of flat has not signed ast.

    Hi all,
    looking for some help with the following -
    I recently let a flat to a woman who said she had just split from her husband. she said her and her daughter would be moving into the flat and she was the only tenant to sign a ast. A few days after moving in she told me she had reconciled with her husband. she did not say at the time, but the husband moved into the flat with her. Now they have had another bust up and she has moved out leaving him in the flat.
    does she still have a legal obligation to pay the rent, or does it automatically pass to the husband, whose name is not on the ast?
    also, if the rent is not paid can I evict the husband without a long legal proceeding?
    many thanks for any advice.

    Comment


      #3
      Sounds deeply suspicious...

      If you are still in contact with her (email??) remind her gently that she remains liable for ALL the rent until you either agree an early surrender or she gives valid notice (I assume she is still the initial fixed term so her notice may not expire before end of fixed term unless you agree early surrender...).

      I would not accept ANY payments from hubby as doing so you might be starting another, separate, tenancy agreement with just him...

      In your shoes I'd issue S21 immediately anyway...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Agree with Artful on suspicious and S21.

        Had you credit checked this woman and/or her daughter?



        Freedom at the point of zero............

        Comment


          #5
          Moderator - can you merge this thread with one above.



          Freedom at the point of zero............

          Comment


            #6
            Hi Theartfullodger,
            thanks for the reply. yes she is still in the initial term, 2 mo months into a 6 month tenancy.
            when you say serve a section 21 - is that on the husband or her?also , where is the best place to get paperwork for s21?
            I would grant early surrender if it means I can get the husband out quickly.
            thanks.

            Comment


              #7
              You can issue a Section 21 now but it will not come into effect until the end of the fixed term. (search S21 on this site)

              Trying to get her to surrender early would help and you will need to get her to sign a Deed of Surrender - also search on this site.



              Freedom at the point of zero............

              Comment


                #8
                What does the husband say?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  tenants causing noise nuisance/slamming doors

                  I am having on going problems with tenants in one flat causing noise nuisance to tenants in another flat.
                  firstly let me thank those of you that replied to an earlier post concerning the same tenants whereby a supposedly single woman signed a a.s.t, which ends on the 31st jan 2013, moved in and a week later moved her husband in without telling me. I couldn't find the post to thank individuals.
                  Anyway, the same couple are really annoying my other tenants who live in the flat above. the problem couple are slamming the doors continually at all times of day and night, and appear to be doing it deliberately. the tenants in the flat above are worried about the situation escalating if I speak with the problem couple. I don't want to lose the tenants in the upper flat because they are good tenants.
                  if the worst comes to the worst, can I give notice to the downstairs tenants without giving them a reason, so as not to implicate the tenants above them? truth is, I did not check the downstairs tenant properly before she moved in, which was obviously a big mistake.
                  any suggestions appreciated.

                  Comment


                    #10
                    Bribe them to go (but not so it could appear harassment..). Issue S21 (you have protected deposit & served prescribed info??). Hope one of those works...

                    You could issue S8 G14 but I doubt that will gain PO.

                    Would other occupants confirm in writing their complaints?? If not even trickier...
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Two related threads have been merged.
                      I also post as Mars_Mug when not moderating

                      Comment


                        #12
                        getting tenants to leave before tenancy period expires.

                        hi all,
                        thanks again to all those who replied to my earlier posts.
                        I have a problem tenant(s) who I would very much like to get rid of.
                        are there any grounds at all that would enable me to legally regain possesion before an a.s.t. expires?
                        eg. the police have attended the property on one occasion and made an arrest for domestic violence. the tenant has changed the locks and refuses to give me a set of keys. the tenants are causing noise nuisance, amoungst other things, to my other tenants, to the point that my good tenants are wanting to leave. I am going to get the local council to monitor noise levels, would this help my case?

                        so far the rent has been paid more or less on time, although by a variety of different people, (ie. tenant's supposed employer, tenant's partner), which I am not happy about.
                        Bribary has been suggested, which may be resorted to.

                        any suggestions appreciated as always.
                        thanks.

                        Comment


                          #13
                          bribary sounds a effective way of getting the tenants to leave early considering the cost of an open court possession hearing!!! when does the fixed term end?

                          Comment


                            #14
                            unfortunately I was dumb enough to sign a 12 month a.s.t. - it runs out on 31 july 2013.
                            if it went to open court possesion hearing, what grounds could I claim?

                            Comment


                              #15
                              Two related threads have been merged.

                              marvinpie, please do not start any new threads in relation to this same issue, stick to this thread only.
                              I also post as Mars_Mug when not moderating

                              Comment

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