existing tenant's new partners | Discuss

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existing tenant's new partners
06/02/2012
10:46 pm
JWallin
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Hi

 

I've had a single parent tenant in a property for about 2 years.  Everything has been fine and the rent is paid on time.  However this woman has a new partner who has moved in without permission.  He refuses to go on the tenancy agreement and there is a considerable amount of rubbish stacked outside – presumably his – which hasn't been moved in spite of requests to do so.

 

I'm loathe to ask her to leave as the rent is always paid and the property is looked after.  Any suggestions? 

 

Thanks

Julie

06/02/2012
11:37 pm
PaulBarrett
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With this person staying your tenant is in breach of her tenancy agreement.

Perhaps you could give her permission to take him in as a lodger with a proper lodger's agreement, ( off Landlordzone for free); that way he does not become a tenant and she only has to give him 1 month notice to vacate or the police can come and remove him.

Ensure that NO locks are put on any door in any room that the lodger might occupy or you will create a defacto  tenancy.

If she refuses start possession proceedings to evict her or advise the boyfriend will have to go.

I would also find out his details and report to the police.

He might be wanted.

I wouldn't care how well payments have been made.

She has breached her AST and now you can get rid of her.

If she is on benefit she will have breached her claim for LHA requirements.

The council will come after you for refund of benefit paid whilst he was there.

07/02/2012
2:26 pm
JWallin
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Brilliant – thanks

07/02/2012
5:46 pm
PaulBarrett
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I forgot to mention that he should go down on the electoral roll and council tax register which will mean her SPD will be removed plus the social will then be aware that she has someone living there and presumably is now in receipt of additional income and as such she would have to declare it to the social.

This would obviously have a serious effect on her claim if any.

The social would look somewhat suspiciously on a lodger who does not pay anything to her and actually costs her additional cost in the increased council tax bill and increased utility and household consumables.

Therefore they may decide she now has somebody living with her as a partner.

 

This will have a serious affect on a any social claim.

Essentially rendering her incapable of paying the rent.

Remember you are now aware of the circumstances and you would not want to be deemed by the council as complicit in the the status quo remaining the same unless you inform the authorities of the new status of your tenant.

As you can see this is a whole can of worms.

Nothing is simple as it first seems.

You need to ensure that your position is not compromised by these circumstances.

Regarding the rubbish; this is down to the tenant to remove no matter who caused it.

Failure to remove it is a breach of her AST.

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