How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10545
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

I have property rented to 'family' members (actually parents

Resolved Question:

I have property rented to 'family' members (actually parents in law of my Niece who is seeking a divorce but wants her husband out of the family home NOW. He has nowhere to go - sleeps in his van. As there are three bedrooms the tentative idea is for the ex to move in with his parents. I do not want any one disrupting my arrangements and sub letting. I am told I cannot refuse additional family members i.e. the ex from moving into my property . I do not want this disruption - even with the Shorthold Tenancy agreement I have been told I cannot stop him moving in with this parents. They only pay a small rent which has not increased in three years. What is my legal position please. I told these 'parents' they could have the use of my property for life when they took over the tenancy, but I did not envisage this situation, or intimate others could occupy it as and when. The parents are in their 70s - just and not well.
I would sooner sell up than have this disruption - I am in my 80th year now. Mac
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please confirm that the parents and you have an Assured Shorthold tenancy and when are the start/finish dates for the tenancy?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

OK I will do my best. macc

Customer: replied 2 years ago.

Shorthold - usual brief form ( six months shorthold tenancy) they have been in since beginning of June2011 but I do not have copy available for exact date.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply and apologies for the delay in responding.

Well. as you have an Assured shorthold tenancy, only the parties who are stated as being Tenants are entitled to occupy the property, unless you have given specific consent to them to allow other family members to occupy also, which you didn't.

If the original term of the Tenancy has expired, the Tenancy continues on a "periodic basis" until either you or the Tenants serve Notice to end the Tenancy. As Landlord, you are entitled to give your Tenants 2 months Notice to end the Tenancy, such Notice to expire the day before the monthly rent is due.

Therefore, from what you have told me, they don't have any legal right to allow the husband to move in.

Likewise,even though you intimated to them that they could stay in the proeprty for the rest of their lives, legally you need only give them 2 months notice if you ever did want them to move out.

I hope this gives you some comfort, and sets out the legal position.

Kind Regards

Al

Aston Lawyer and 2 other Property Law Specialists are ready to help you