What constitutes a tenant?!

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  • Boddah69
    started a topic What constitutes a tenant?!

    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.

  • mk1fan
    replied
    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.

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  • thesaint
    replied
    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.

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  • Boddah69
    replied
    Yes that is good, however she wants to repay over two years

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  • Boddah69
    replied
    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.

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  • jjlandlord
    replied
    In her defense she admits that the money is indeed owed...

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  • thesaint
    replied
    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"?

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