Has he got a tenacy?

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    Has he got a tenacy?

    About 6 years ago I took on a tenant and her 2 children, agreement in her name only.

    Shortly after this she met a man who then moved in with her, they now have two children together.

    I knew about this and didnt have a problem. They made a joint claim for LHA which has always been paid direct to me. I have accepted top up rent payments from the male and have always dealt with him when rent has been late or repairs were needed.

    Have I created a tenancy with the male?

    Reason for asking is they have split up but he wont leave and the council have advised her to change the locks. She has just called to ask my permission to do this.

    My first thought is just to say no, but any advice would be useful.

    #2
    He might be able to argue he has - only a judge could decide. Probably not IMHO but who knows.

    Don't think I'd want to formally agree to her changing locks (ie not in writing) but personally would not want to stop her.

    However, always 2 sides to a story.
    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...

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      #3
      If this is going to affect the woman paying rent I might think about issuing a Section 21 notice now.



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

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        #4
        artful - you are right let a judge decide, I have told them they do not have my permission to change the locks. If she wants rid of him she can change the locks herself and defend the illegal eviction case herself.

        Interlaken - good idea, which prompts the questions should the male be named on the S21 and should he be sent his own copy?

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          #5
          IMHO the male has no tenancy. In court a judge has to make a decision on the balance of probabilities.

          On one side, you with a tenancy agreement in Females name only, together with female saying he was never on the tenancy.
          On the other side, him with no proof other than some payments for rent, which would possibly be quite normal in a family relationship.

          I would argue that whenever you have dealt with the male, he has been the females agent.

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            #6
            Think snorkerz means "he has been female's lodger"??
            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...

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              #7
              No, if you think what an agent does for a landlord - he speaks for the landlord. In this case Mr was acting in Ms place, paying rent on her behalf, agreeing things on her behalf.

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                #8
                Apologies snorkerz. Understand
                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...

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                  #9
                  Thanks Snorkerz, I will be contacting you to use your S21 service shortly.

                  This has reminded me of another couple with children that I let to using the council find a tenant scheme. Council would not let the male have his name on the tenancy agreement which struck me as sexist for our very PC council. The reason given was if they split up mother and kids would have a home and father could fend for himself, so no problem for the council. I guess this backs up the thoughts in this case that the male does not have a tenancy.

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