Right to stay but right to entertain???

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  • Right to stay but right to entertain???

    Hello,

    I am currently stuck with a very malicious tenant. She has stayed beyond her 6 month contract and we are currently using the notice of intended possession to get her out. Her contract had expired and she had been given more than one-month notice.

    I understand that we cannot do anything else to get her out but exactly what are the tenant’s rights concerning guests. Can she entertain guests in her room? She rents out the room in a house share. Exactly under what conditions can we actually do anything else other than sit on our hands? What if she torched her room caused wilful damage etc what then.?

    What if she had guests over and cause disturbance to the neighbourhood, or to the other tenants?

    Many thanks

    GTI

  • #2
    You can do nothing in any of these circumstances other than continue with the existing eviction. Tenants are allowed guests.

    As a point of note, you realise that 1 months notice is insufficient?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


    • #3
      On the face of your post, I agree with Mr Shed, but it may help members further if you can clarify the kind of agreement you have with her; and that you are/or are not a residential landlord.

      Here are some more comments
      Originally posted by gti_driver368 View Post
      Hello,

      I am currently stuck with a very malicious tenant. She has stayed beyond her 6 month contract and we are currently using the notice of intended possession to get her out. Her contract had expired and she had been given more than one-month notice. If she is an assured shorthold tenant, you will need to issue a section 21 notice, which requires a minimum of 2 months notice, expiring after the end of the tenancy period. Search forum for more details.
      I understand that we cannot do anything else to get her out but exactly what are the tenant’s rights concerning guests. Can she entertain guests in her room? She has a right to quiet enjoyment; this includes a social life. If she were a lodger in your home; you can make up your own rules She rents out the room in a house share. Exactly under what conditions can we actually do anything else other than sit on our hands? What if she torched her room caused wilful damage etc what then.?This would be a breach of the agreement, but by seeking possession, this is the best you can do. If you think her behaviour is a risk to other tenants, call the police for advice. You would deduct damages from her deposit. If no deposit, you would persue her in the small claims court, but you will need evidence; usually a schedule of condition, before the tenant started

      What if she had guests over and cause disturbance to the neighbourhood, or to the other tenants? She is responsible for the behaviour of guests, any wrong doing would be a breach of the agreement, but by seeking possession, this is the best you can do. Noise issues; call Environmental Health

      Many thanks

      GTI
      All posts in good faith, but do not rely on them

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      • #4
        Originally posted by gti_driver368 View Post
        Can she entertain guests in her room? She rents out the room in a house share.
        I don't understand this, please clarify, you first say she entertains guests in her room and then go on to say she rents out the room in a house share. Is she a lodger or a tenant with an AST?

        Comment


        • #5
          Originally posted by MrWoof View Post
          I don't understand this, please clarify, you first say she entertains guests in her room and then go on to say she rents out the room in a house share. Is she a lodger or a tenant with an AST?
          Is the "entertaining guests in her room" a euphemism for, er, short-stay remunerated horizontal mutual activity entertainment? If so, use g12 and g14 on a section 8 Notice too- illegal or immoral use is breach of Tenancy Agreement.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Originally posted by jeffrey View Post
            Is the "entertaining guests in her room" a euphemism for, er, short-stay remunerated horizontal mutual activity entertainment? If so, use g12 and g14 on a section 8 Notice too- illegal or immoral use is breach of Tenancy Agreement.
            But who would gather the evidence of immoral use?

            No doubt a punter would be found without difficulty, but would the lass be willing to give a receipt for the money?
            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.

            Comment


            • #7
              JUSTICE & LAW..what a paradox

              She has a tenancy agreement.
              She has the personal use of one room in a house. There are four other rooms in the house, each of which is rented out to individuals. They share the bathroom, kitchen and garden.

              -she has caused the other tenants grief and aggravation.
              -she regularly stubbles in at 4am drunk, bangs on the room doors and insults the other tenants
              -she has late night visitors, after 11.
              -she has cause damage to the premises, damaging property
              -her room is very untidy and a fire hazard.
              -she has not paid her share of the utility bills and she has stayed beyond the end of her contract.
              -also she has made threats, such as 'you'll be sorry'

              And even after all the numerous visits from the police we are always told that we can not do anything except go through this ridiculous law system, which is so biased to the tenant it a farce.

              So anyway the landlord has cut the electricity supply to her room.
              We have also tried to be 'nice' and offered her money to get out but she won’t accept even that.

              Tell me in all honesty, when someone (the landlord) works hard all there life to get another property only to be in this situation and never see an ounce of justice, where is the justice? JUSTICE, not the law for there is no justice in that at all.

              Anyways I wanted to get that off my chest but the question I would like to have answered is... is it illegal to cut the power and heating to her room only?

              Comment


              • #8
                Answer: yes, definitely. Harassment is a criminal offence.
                If you want catharsis, get the video of PACIFIC HEIGHTS. It's a USA film, starring Michael Keaton, whose tenant is even worse than yours.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  is it illegal in the UK ????

                  Comment

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