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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My tenent has moved his girlfriend and 3 children into a property

Resolved Question:

My tenent has moved his girlfriend and 3 children into a property he rents from me. How should I proceed? With a new tenency agreement? I was very happy with him as a tenent.
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi thank you for your question, I will assist you with this.
Are you in agreement with the tenant moving his girlfriend and children in?
Are there any changes to the tenancy, i.e. increased rent etc?
Has the tenant requested a new agreement to include his girlfriend?
Has his original tenancy agreement expired or if not when does it?
Customer: replied 2 years ago.

I am in agreement with the tenant moving his girlfriend, but there issues with his neighbour, which he denies, regarding noise from the children.

No changes in the tenancy as yet, but I will increase the rent.

The tenancy is short term, with automatic roll over. It is 1 year old in september.

Expert:  Kasare replied 2 years ago.
Hi, sorry for the delay in replying I have been offline this weekend.
A tenancy agreement cannot usually be changed unless both parties agree to the changes. If the tenant agrees with your proposed amendments, the change should be recorded in writing either by drawing up a new tenancy agreement or by amending the existing agreement. Whilst an oral agreement is valid, there is no protection for you if the tenant then reneges on any oral agreement.
If, of course, the tenant is not agreeable to any changes in the terms of the tenancy, then you will have to ensure you either terminate the tenancy for breach of contract or give adequate notice to end the tenancy at the end of the term.
With regards ***** ***** neighbour regarding noise from the children, of course there is likely to be an increase in noise from a property with 1 tenant to a property with now 5 - 2 adults and 3 children. However, that is not necessarily unreasonable or excessive such that your neighbour could legally do anything about it (unless it really is loud). I would suggest that you inform your tenant that there has been a complaint made about noise and you would appreciate it if he and his "family" can ensure they do not make excessive noise.
I hope this assists.
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