Tenant has moved in unwanted extra occupier

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  • Tenant has moved in unwanted extra occupier

    Hello
    I have two Bulgarian families living under one roof on an AST. They have fallen out over several issues, the main one being that one of the families has moved in the dreaded mother-in-law about three months ago and they have not split the rent differently to encompass this. I actually think they should pay more rent and it should go to the landlord but they are unkeen unsurprisingly.

    The tenancy agreement clearly states:

    4.56 Not Sublet
    Not to sublet, take in lodgers or paying guests or share occupation of the Premises with anyone other than with the permitted occupiers (if any detailed in Clause 2.10)

    4.58 Permitted Use
    • To use the premises only as a single private residence for the occupation of the Tenant and his dependants and any permitted occupier detailed in Clause 2.10
    • Not allow the Premises to be occupied by more than 2 persons if the Premises shall have one bedroom and 4 persons if the Premises shall have 2 bedrooms or more.

    I've been reluctant to get involved as the rent is still being paid plus it has the effect of making me feel like I'm a marriage counsellor and it is tres tedious having to listen to all their gripes, but I can't avoid it any longer as the phone calls keep coming and it's doing my head in. They said she would be out within two weeks. That was two weeks ago. What do I do now?
    Can I put the rent up for the amount of time she's been there? If so how?
    What are the next steps for putting on the pressure to get her out?
    Any views welcomed.

  • #2
    1. To whom did you grant the AST? Was it the two couples (H1, W1, H2, and W2) @ one bedroom per couple?
    2. M-in-law is there with consent of at least one of them, I imagine, but NOT with your consent. This is a breach of 4.56 and 4.58.
    3. So you could serve a s.8 Notice using g12. This is discretionary only, so Court might or might not make an Order- but overcrowding is actionable by Local Housing Authority, of course, and could tip the balance in your favour.
    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
      Yes true, but as they are still paying rent I want them to stay - their tenancy doesn't end til Sep. Is there any other way of getting just her out so that hopefully they will stop arguing about it? Should I contact the local housing authority?

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      • #4
        Originally posted by chocolatemalteser View Post
        Yes true, but as they are still paying rent I want them to stay - their tenancy doesn't end til Sep. Is there any other way of getting just her out so that hopefully they will stop arguing about it? Should I contact the local housing authority?
        No. Either enforce the AST or don't. M-in-law is not your tenant, so she herself is not liable under the Agreement, but - from your point of view - she is a trespasser admitted into occupation by T (without your consent) in breach of the 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


        • #5
          ok, thanks very much.

          Comment

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