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melody pires · 11-10-2012, 03:15 PM

My tenant has her partner come in from work every evening and leaves for work from the property in the morning ie he stays the night ( this has been going on for nearly two months now), she hasn't mentioned about this as the agreement is between her and me and its a sole tenancy agreement. As a landlord what are my options and what do I need to do.

Gary Bray · 11-10-2012, 04:54 PM

Hi Melody,

I’m assuming that your tenant is someone renting a room in your home and that you’re not happy with her partner staying over night?

If this is the case you simply need to tell her that this can’t continue. If this is your home then the tenant has no protection under the housing act and if she fails to comply, you can simply give her ‘reasonable notice’ to leave.

Gary.

Dave Reaney · 11-10-2012, 05:17 PM

On the other hand, if you let the whole property (be it a house, flat or room) and you don't live there, then your first thought should be - does it matter? Is this causing you any additional loss?

If, having considered that, you still want to take action, then you have 2 choices -

If the tenancy is periodic, you may be able to increase the rent to cover the extra costs involved - and risk losing a good tenant; or you can evict using one of two methods - Section 8, ground 12 (unlikely to succeed) or Section 21. You will appreciate that the courts will not grant possession on section 21 (or 8, if it isn't in the tenancy agreement) before the end of a fixed term contract.

Bruce Lunt · 11-10-2012, 05:30 PM

I agree with the two scenarios covered by Gary & Dave.

Pat Flatley · 11-10-2012, 05:34 PM

(11-10-2012 05:17 PM)djr Wrote: ... your first thought should be - does it matter? Is this causing you any additional loss?

I'd agree with that. Difficult to know whats best given only limited information. If she's only recently started the tenancy then I'd pick her up on it but if she's already gone into periodic and been decent tenant then I'd be tempted tp say nothing and let nature take it's course.

Obvviously if she's LHA then it's a definite no-no!

Anthony Iceton · 14-10-2012, 05:38 AM

I have exactly the same issue, my long term very reliable single mother tenant has told me her boyfriend wants to move in, I dont have a problem with it but wonder should I make him joint tenant or leave her solely responsible. I def dont want to loose her but worried if hes a bad un any thoughts anyone?

cheers TI

Dave Reaney · 14-10-2012, 11:46 AM

If you make him a joint tenant, then he has tenancy rights, bad'un or not.

If she remains sole tenant, she remains in control. I would be inclined to leave the situation as it is for now (even if tenant asks otherwise) unless the tenant is on benefits but the b/f is financially sound - he would then become a bit of extra security for you.

Don't forget, a sole tenancy and subsequent joint tenancy are totally different tenancies - rent arrears from the former do not affect the latter, and deposits/inventories will have to be re-done.

Paul Barrett · 14-10-2012, 12:25 PM

If she is in receipt of any LHA etc a b/f will affect her finances.
The social will need to be informed.
Council tax benefit will also be affected.
If you receive direct payment and they are not informed then they could come to you for clawback if you have put him on the AST.
If you gave her permission to take in a 'lodger' at anytime then it would be up to her to inform whoever as the lodger's agreement would be between her and the lodger.
As far as you would be concerned you just gave her permission which she could use anytime.
You would therefore not be complicit in her taking in a lodger and not subject to the risk of clawback from the council.
She surely MUST be on benefit so such a situation as far as I am aware would affect her LHA.
However there was a piece on BBC R 4's 'You and Yours programme on last Monday..
This was Council tenants renting out to homeless people, so it may be possible to rent out with no effect on the tenant's LHA etc.

Lynne Davis · 20-10-2012, 10:29 AM

(14-10-2012 11:46 AM)djr Wrote: If you make him a joint tenant, then he has tenancy rights, bad'un or not.

If she remains sole tenant, she remains in control. I would be inclined to leave the situation as it is for now (even if tenant asks otherwise) unless the tenant is on benefits but the b/f is financially sound - he would then become a bit of extra security for you.

Don't forget, a sole tenancy and subsequent joint tenancy are totally different tenancies - rent arrears from the former do not affect the latter, and deposits/inventories will have to be re-done.

On the other hand, if only she is on the agreement and he turns out to be a "bad 'un" and drives HER away, then you're left with a squatter with whom you have no relationship. Not sure where that would leave you, but with the new law re squatters it may not be as tricky a situation as it was until recently.

Dave Reaney · 20-10-2012, 11:49 AM

(20-10-2012 10:29 AM)lynne_davis Wrote: On the other hand, if only she is on the agreement and he turns out to be a "bad 'un" and drives HER away, then you're left with a squatter with whom you have no relationship. Not sure where that would leave you, but with the new law re squatters it may not be as tricky a situation as it was until recently.

Even if she did a runner, she would remain tenant and he would remain as merely a guest. He would NOT be a squatter as he is there with permission - removing the tenants permission for him to be there would not change that.

It would no longer be an AST so there are 3 ways it could go . . .

1) She could give notice, making him a trespasser after the notice expires - possession hearing within a week with immediate possession (still have the issue of bailiff delays, but I believe trespass has a higher priority in their work diaries!). She remains liable for mesne profit in lieu of rent until possession obtained (though chances of enforcing - limited if claimant without guarantor).

2) If T gives notice, you could grant a tenancy to guest (it is easy to do this unintentionally).

3) If T will not give notice, you would need to evict tenant through the courts (not s8/s21 but similar process) and the bailiff will remove guests too.

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