tenant has moved girlfriend in

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    #31
    Originally posted by jeffrey View Post
    Ah, but children do not constitute legal persons for most purposes; they cannot hold/acquire legal rights in property.
    Ah, so if his girlfriend is under 16/18 then it's alright?

    What will her first words be? "Sorry, parents, but I'm serving Notice to Quit"?
    One day, perhaps --- but hopefully not quite her first words!

    Peter

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      #32
      Originally posted by jeffrey View Post
      Ah, but children do not constitute legal persons for most purposes; they cannot hold/acquire legal rights in property.
      What will her first words be? "Sorry, parents, but I'm serving Notice to Quit"?
      I wish my kids would serve me notice to quit! and the wife too for that matter

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        #33
        Just for accuracy: children CAN hold in a beneficial capacity ("equitable interest"), e.g. as beneficiaries of a trust of land or money (or under a Deceased's Will), where legal title is vested in an adult, adults, or corporate entity.
        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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          #34
          Have just spoken to friend who is lettings agent who says he is in breach of his Agreement as all persons over 18 must be named on TA and I should have references for her.

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            #35
            Originally posted by miss*babs View Post
            Have just spoken to friend who is lettings agent who says he is in breach of his Agreement as all persons over 18 must be named on TA and I should have references for her.
            Did your letting agent suggest why he was in breach i.e. which particular condition(s) of the AST?

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              #36
              Originally posted by miss*babs View Post
              Have just spoken to friend who is lettings agent who says he is in breach of his Agreement as all persons over 18 must be named on TA and I should have references for her.
              In which case, if you want her out, write to your tenant to advise, give him a time limit to chuck her out. If he fails, then issue a notice to evict him.

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                #37
                Originally posted by pcwilkins View Post
                Ah, so if his girlfriend is under 16/18 then it's alright?
                No.
                Adult = 18 or over.
                Minor = under-18.
                See s.1 of Family Law Reform Act 1969 (reduction of age of majority).

                As an under-16 cannot give lawful consent to sexual intercourse, her cohabitant sex-partner would be committing a criminal offence. Perhaps that partner's L might be guilty of aiding and abetting a criminal offence. In fact, under-18s cannot generally consent to anything that would (in absence of consent) be an assault or battery; only general exception is s.8 of 1969 Act (over-16 can consent to surgical, medical, and dental treatment).
                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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                  #38
                  Originally posted by miss*babs View Post
                  Have just spoken to friend who is lettings agent who says he is in breach of his Agreement as all persons over 18 must be named on TA and I should have references for her.
                  What, all persons over 18 who ever visit?

                  Peter

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                    #39
                    Originally posted by miss*babs View Post
                    Have just spoken to friend who is lettings agent who says he is in breach of his Agreement as all persons over 18 must be named on TA and I should have references for her.
                    And this is another example of why I don't trust letting agents, in general!

                    There is no LEGAL obligation, I suspect your friend has just suggested that this is what (s)he tries to impose on all lets.

                    As for what the options are, you may wish to write a stern letter to him informing that he's broken the terms of his tenancy agreement (if yours does contain the clause Jeffrey mentioned) and ask him to remedy the situation.

                    You should probably also issue a Section 21 notice to end the tenancy at the end of the term, and keep an eye out for any additional disturbance caused by the girlfriend and tackle him (not her) on the fact that he (via his guest) is causing a disturbance, and if it's too much you could potentially go for a Section 8 on one of the discretionary grounds. That'd be a big pain in the bum to do though, I suggest, and only a last resort.

                    If the new girlfriend being in the flat has caused some unrest among your other tenants, you could think about having a chat with them to let them know that his tenancy won't be continuing at the end of his term because of his actions, which might prevent them from doing the same.

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                      #40
                      my last post on here got taken off...

                      just let t get on with it
                      What i write is what i think....If you need solid info PAY A SOLICITOR!!

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                        #41
                        [QUOTE=Surrey;60019]And this is another example of why I don't trust letting agents, in general!

                        Ouch Im offended!

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                          #42
                          [QUOTE=fallenlord;60046]
                          Originally posted by Surrey View Post
                          And this is another example of why I don't trust letting agents, in general!

                          Ouch Im offended!
                          I did say "in general", I'm sure there are the occasional letting agents out there who will do what they're paid to do, i.e. act in the landlord's best interests. I just had the misfortune to end up taking one of them to court (and winning) because they were so useless.

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                            #43
                            I'm not sure if this is germane to the discussion or not, but here goes.

                            We had a T in an HMO (own room, double bed) who had her boyfriend there a lot of the time. He wasn't on the agreement either. We didn't mind that he was there so much, but the other Ts weren't entirely happy, so we had a meeting and discussed the situation. It was all sorted out to everyone's satisfaction. They all agreed that they should all be allowed to have guests, but not to have them there all the time. We did get her assurance, in front of witnesses, that he did indeed have a permanent residence (but just wanted to be with her as often as possible )

                            They may well both be our T's next year, so it's worth trying to sort things out amicably.

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