tenant has moved girlfriend in

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    tenant has moved girlfriend in

    I have several small flats in one building which I usually rent to single people. One of my tenants asked to move his girlfriend in and whilst I was considering it has gone ahead and done so. Although the flats do have double beds in them I think they are really only suitable for one person (although short term guests no problem) as they are quite small and more people in the flats means more noise and disruption to other tenants. Can anyone tell me what my position is and what I can do about it.

    Many thanks

    #2
    Originally posted by miss*babs View Post
    I have several small flats in one building which I usually rent to single people. One of my tenants asked to move his girlfriend in and whilst I was considering it has gone ahead and done so. Although the flats do have double beds in them I think they are really only suitable for one person (although short term guests no problem) as they are quite small and more people in the flats means more noise and disruption to other tenants. Can anyone tell me what my position is and what I can do about it.

    Many thanks
    I wouldn't do anything.

    Let you tenant have quite enjoyment of the property with whatever guests he likes. I can't see that it have anything to do with the landlord/lady in this situation.

    Comment


      #3
      She is not just being a guest she has moved in without any agreement and is not named on the lease. I did explain that I don't think the flat is suitable for 2 and that also has an implcation to the other tenants.

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        #4
        I don't believe there is anything you can do about this situation, as she clearly IS a "guest" and not a tenant. Even if she's a guest 7 nights a week, her legal position in the situation is that she's a "guest".

        I suggest you keep an eye on things as there's nothing you can do other than that, just see if there are any problems. If you really don't like it you can always issue a Section 21 notice so that his tenancy ends at the end of the period and he moves out, rather than staying on.

        On a positive not, you might even find that she helps keep the place cleaner and tidier (not a sexist comment, honestly!) as the boyfriend might want to impress her as being nice to live with by not leaving his dirty socks all over the place and vaccuuming a bit more often than if he were in the flat on his own!

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          #5
          Originally posted by Surrey View Post
          On a positive not, you might even find that she helps keep the place cleaner and tidier (not a sexist comment, honestly!) as the boyfriend might want to impress her as being nice to live with by not leaving his dirty socks all over the place and vaccuuming a bit more often than if he were in the flat on his own!
          Your joking!!

          His moved her in for one reason and one reason only, and it has nowt to do with where he lives his socks overnight!!!!

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            #6
            Before anyone leaps on the spleeing [sic] I meant "notE" but can't edit my post now.

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              #7
              I woud argue that if she is staying at this property more than 50% of the week, recieves personal mail and contributes to bills then it has become her primary residence and I think the best thing to do would be to issue a new tenancy agreement with her name on it, and then issue them with notice to quit in four months time.

              Without her name on the Agreement you have no control over her - if you served notice soley on him whats to stop her from remaining?

              Clearly becuase of the size/limitations of the apartments you cannot let this tenants actions set a presidence, but unless you can reason with them I dont see any quick fix...unless you ask his girlfriend for the name of the blonde girl he was with the other night??

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                #8
                Without her name on the Agreement you have no control over her - if you served notice soley on him whats to stop her from remaining?
                She would have no right to remain and would be trespassing.

                Peter

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                  #9
                  yes.

                  Tresspasing would become a criminal offence if she failed to leave the flat within 24hours of recieving an Interim Possession Order. Failure to do so could lead to 6 months imprisonment. What is important is that the fast track procedure to obtain an IPO from the Courts can only be used if the claim is put before the Court within 28 days of knowing the property was being occupied without consent.

                  Personally, I think it would be less complicated drawing up a new TA

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                    #10
                    As the girlfriend has no tenancy agreement or is named on one, provided you have accepted no form of rent directly from her, she remains a guest with no rights. Thus if the fertiliser hits the ventillator leading to bailiffs being called to evict your tenant, girlfriend, if present, will be evicted at the same time.

                    P.P.
                    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                    Comment


                      #11
                      Originally posted by pcwilkins View Post
                      She would have no right to remain and would be trespassing.

                      Peter
                      I agree- It is down to the tenant to decide which guests to have and for what period of time. This in no way affects the contract between the LL and the T. If the LL does want to evict the tenant then the same rules will apply ( S.21 or S.8 )

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                        #12
                        Thank you those who have taken this question seriously. I have a contract with my tenant but no agreement with this other person person who has moved into my property without permission. Isn't that squatting?

                        Comment


                          #13
                          Originally posted by miss*babs View Post
                          Thank you those who have taken this question seriously. I have a contract with my tenant but no agreement with this other person person who has moved into my property without permission. Isn't that squatting?
                          In a word, No.

                          Comment


                            #14
                            Originally posted by miss*babs View Post
                            Thank you those who have taken this question seriously. I have a contract with my tenant but no agreement with this other person person who has moved into my property without permission. Isn't that squatting?
                            Im afraid not. A squatter is " a person occupying a property without permission from the person entitled to possesion. That person could be an owner, tenant or licensee"

                            So, in this case because the lass has permision from your tenant to remain she is not squatting (tresspassing).

                            Instead, I would class the lady as a sub-tenant - although others will call her a guest!

                            Comment


                              #15
                              Your legal position as a landlord is not altered by this tenant having the girlfriend stay as a guest - she can never have title to the property as a tenant as she is not a relative who can succeed to the tenancy in any way, and nor is she on the agreement. You can express your displeasure and indeed end the AST but realistically there is nothing else you can do legally to stop a tenant having a guest stay UNLESS that causes statutory overcrowding.

                              How would you go on if you let a property to a young couple naming them both on the agreement and saying no-one else can live in the property and a baby is subsequently produced - you gonna throw the baby out?????

                              Comment

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