What constitutes a tenant?!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    What constitutes a tenant?!

    Forgive me if this has been discussed before - although no one else is probably this stupid!
    Husband has private rented a property under verbal agreement (against my wishes) to a family friend, who we are now pursuing through the courts for using our last months rent to finance a new abode. Tenancy was fully agreed with the family friend (the husband) for his wife to live in (his children also later moved in). He is in full-time employment (Policeman!), wife is full-time student. Had we had a written agreement, he would have had to stand as guarantor (something he is doing on her new property). We are taking them both to court but surprise, surprise her defense is that we kicked her out unexpectedly so she had no option but to use our money to start afresh and now she can't afford to re-pay, and his defense is the whole thing is nothing to do with him. They are very keen to keep him out of the CCJ.

    I have full text strings printed out ready for court showing that THEY gave notice 3 months prior to vacating the property and the full verbal agreement was entered into solely with the husband.

    My question is does anyone know what constitutes the position of tenant? Is it just the person who lives in the property/pays rent or the person who enters into the agreement or both?

    Please don't bother to tell me how stupid we are - it is not something I would ever do myself but my husband believes in trust agreements with friends - sucker.

    #2
    I would take them both to court(as you are doing)and let the judge decide.
    It's a convoluted agreement that even if in writing would be a mess. Without it, it's a dogs dinner.

    Did you agree how long the fixed term was?
    How did you "kick her out"?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      In her defense she admits that the money is indeed owed...

      Comment


        #4
        Thanks for your reply - it was just for as long as she wanted it on a monthly rental basis. We didn't kick her out - he gave notice on her behalf in June, she asked for another two months as she couldn't find a house she liked which we agreed to, and she moved out (as agreed by all parties) in September.

        Comment


          #5
          Yes that is good, however she wants to repay over two years

          Comment


            #6
            I would have approached it as me granting the tenancy in both their names, but only she was living there, so they were jointly responsible for the whole amount.
            You didn't have any guarantor agreement, so I believe that is destined to fail.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              There is a pretty fundamental reason why the husband is very keen to not get a CCJ. If he were to recieve a CCJ, he would face disciplinary at work. Being finacially sound is a requirement of the job. Well, it certainly used to be.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment

              Latest Activity

              Collapse

              • Increasing rent
                Twohoots
                Hi - haven't been on here for several years as we have been jogging along nicely.

                We have a small property which we rent out and the same tenants have been in there for nearly 6 years now. we have never increased the rent during that time. They are good tenants but I feel we ought to...
                20-02-2017, 10:26 AM
              • Reply to Increasing rent
                MdeB
                Excessive if you want to keep good tenants.
                Reasonable if you want to risk losing them, looking for new tenants, and having a void....
                24-03-2019, 22:17 PM
              • housing act 2004 239 notice of entry
                karouyou
                Hi This is my first post. The council has sent me as the landlord a letter (not a notice) saying it's inspected my property under The 2004 Housing Act and using the safely rating system have identified hazards that require my urgent attention, asking me to reply with written intentions of dealing the...
                21-03-2019, 08:28 AM
              • Reply to housing act 2004 239 notice of entry
                JK0
                You don't need an eviction company. There is plenty of help and advice here on Landlordzone with doing it yourself.
                24-03-2019, 20:39 PM
              • Reply to housing act 2004 239 notice of entry
                karouyou
                Thank you for your comments. I talked to the council and they said that because it wasn't a formal notice my section 21 is still valid. The eviction company have said they may still try and use it as a defence. I will do the repairs asap. The property has bats in the eves so I can't fill all the...
                24-03-2019, 20:16 PM
              • Reply to Increasing rent
                Twohoots
                Two years since I've been on here … can't believe that! As per my original post our tenants have now been living there for almost 8 years. In that time I have only put their rent up once by 5%. Lately there have been two very similar properties to rent near the one we own and we are renting our...
                24-03-2019, 19:54 PM
              • Discrepancies between deposit scheme papers and contract
                JohnMcClane
                I am a lodger, I asked for my deposit to be protected and the landlord agreed,

                However, I have noticed the following discrepancies between my contract, the papers given to me by the landlord and the certificate given to me from DPS:

                - The contract states that I take tenancy...
                24-03-2019, 00:25 AM
              • Reply to Discrepancies between deposit scheme papers and contract
                MdeB
                It may be that you are a tenant and not a lodger (but I do not have sufficient knowledge of this area).

                I would suggest that you don't need to worry about it unless and until you have deposit or other problems at the end of your occupation.
                24-03-2019, 19:27 PM
              • Tenant Offering to Pay Rent in Advance
                Grim
                Hi Everyone,

                I'd welcome your advice, I'm in the process of renting out a property and have been disappointed in the lack of interest from potential tenants, However, I've been approached by an EU National new to the UK ( 6 weeks ) and keen to rent the house. He is awaiting the arrival...
                21-03-2019, 08:24 AM
              • Reply to Tenant Offering to Pay Rent in Advance
                MdeB
                That is how I see it, provided agreement is worded correctly:
                • Month 1: rent paid for months 1, 2 & 3;
                • Month 2: rent paid for month 4
                • Month 3: rent paid for month 5
                • Month 4: rent paid for month 6; tenant gives required 2 months' notice
                • Month 5: no rent paid
                • Month 6: no rent paid.
                However,...
                24-03-2019, 19:13 PM
              Working...
              X