Resident landlord's problem tenant- how to evict?

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  • Resident landlord's problem tenant- how to evict?

    Hi,

    I have been a "live in landlord" for approx 17 months now. I have an issue with the tennant of one of the rooms I am renting since I bought the property. The tennant signed a year contract to begin with and then didn't sign another when the year was up. Since then they have become very difficult breaking many of the terms of the original contract with respect keeping the place clean and having people stay in common areas without prior notice along with making noise at unreasonable hours.
    They have just given a months notice but am I able to make them leave before then? I do not trust this person and they want to leave over christmas when I will not be at the property to get the keys and do a proper check. What is my rights regards the deposit also?
    Does this mean a statutary periodic tenancy is now in place? In the previous contract it clearly states that upon end of term either party can terminate tenancy without any prior notice. Is this possible? I got my tenancy agreements online from tesco. Is the tenant able to just give one months notice like this?

    If anyone can shed some light on this for me that would be very helpful.
    Cheers

  • #2
    Originally posted by hall4 View Post
    Hi,

    I have been a "live in landlord" for approx 17 months now.
    ...
    I got my tenancy agreements online from Tesco.
    This is exactly why relying on ready-made documents is inherently unwise. As a resident L, you cannot - by law - grant an AST although that is probably what your Tesco Agreement was intended to create.
    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).

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    • #3
      Originally posted by jeffrey View Post
      This is exactly why relying on ready-made documents is inherently unwise. As a resident L, you cannot - by law - grant an AST although that is probably what your Tesco Agreement was intended to create.
      So does that mean i just have to go along with the dates she has given and theres nothing I can do?

      And also what kind of agreement should a resident L have?

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      • #4
        Originally posted by hall4 View Post
        So does that mean i just have to go along with the dates she has given and theres nothing I can do?

        And also what kind of agreement should a resident L have?
        1. No, re dates. As L, you have inadvertently granted a common-law contractual tenancy. This is much more literally enforceable than AST. It does not continue as periodic, after fixed-term expiry, for instance, because the "continuation" provisions are in HA 1988 which does not apply.
        2. However, if T is paying a monthly rent which you have been accepting, this creates a new (NOT continuation) tenancy. Either party can end it at end of a tenancy month.
        3. The form of Agreement for a resident L can be similar to AST but all inapplicable provisons ought to be deleted for sake of not misleading T.
        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


        • #5
          hall4

          I know that you can get a Lawpack for a Lodger Agreement, which is what I think applies to you in this case.

          Please don't quote me but I *think* as a resident landlord you have more power than a non-resident landlord - and to put it crassly, you can kick out your lodger pretty easily.

          Comment


          • #6
            Originally posted by sibec View Post
            hall4

            I know that you can get a Lawpack for a Lodger Agreement, which is what I think applies to you in this case.

            Please don't quote me but I *think* as a resident landlord you have more power than a non-resident landlord - and to put it crassly, you can kick out your lodger pretty easily.
            I have just checked and yes you are right i have the 'lawpack' agreement and double checking it, she has broken many of these agreements already and has yet to pay the next terms rent. Which if I'm not mistaken would mean I can terminate her tenancy immediately?

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            • #7
              I have been quite naive about all of this but it is one way of getting to know the laws better for the future.
              I now know I have an excluded tenancy. Since the tenants offer of one months notice rent was due to be paid 2 days ago and so far it hasn't. Does that give me any rights to evict without giving 'reasonable notice' of one month?

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