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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70004
Experience:  Over 5 years in practice.
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I have a tenant who has moved her boyfriend in. Which is

Customer Question

Hi I have a tenant who has moved her boyfriend in. Which is the best way to deal with this Do I come up with a new tenancy agreement to include him or is it better to ignore it. Or to put it another way. Which way gives him the least rights. Regards Geoff
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
What type of contract please?
Customer: replied 1 year ago.
HiCustomerAST rolled over 2013
Regards Geoff
Expert:  Remus2004 replied 1 year ago.
Ok. Do you want rid of him?
Customer: replied 1 year ago.
Hello
Sorry I have only just got back on line.
No I am happy for him to be there I was just wondering my best position if I ever did need to get rid of him
Geoff
Expert:  Remus2004 replied 1 year ago.
You do need to get him on the agreement. Apart from anything else, if he is paying rent then he is entitled to be protected from instances where she has tantrums and asks him to leave a property that he pays for.
The simpliest way to do it is to give her a S21 notice giving her two months notice on or before the rental date and then reissue both of them a formal AST agreement with both names upon it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
HiCustomerThat method would appear to protect him and to be honest I am looking to protect me.
I don't know if he is contributing towards the rent or not
I suppose I am a bit miffed that he has appeared unannounced and uninvited and put me in a situation where I don't know where I stand legally.
If the situation arrises where I want to get rid of him/them is it easier for me if he is included on an AST or if he is notRegards Geoff
Expert:  Remus2004 replied 1 year ago.
Generally landlords do prefer ASTs because it secures rent.If you want the flexibility of being able to evict them then you could do the same thing with a periodic agreement.
Customer: replied 1 year ago.
CustomerI must be thick as we seem to be going round in circles
Lets go back to your answer "Do you want rid of him ?"
Yes How do I do it, I don't know his name
Regards Geoff
Expert:  Remus2004 replied 1 year ago.
Your answer to the question 'do you want rid of him' was 'No, I am happy for him to be there ...'I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.
CustomerSorry am I supposed to rate each answer.
On a previous question I rated the answer and lost the thread, so I assumed I rated at the conclusion
Regards Geoff
Expert:  Remus2004 replied 1 year ago.
You can ask follow up questions after rating. People come back months after so the question shouldn't close from your side.
Expert:  Remus2004 replied 1 year ago.
.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70004
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
HelloCustomerThe AST became periodic 14/05/2014. Her father is acting guarantee
I am just in the process of putting up the rent using a section 13 notice and she has intimated that she is content with the amount.
I am trying to establish where I stand legally with regard to the boyfriend.
I am concerned if I come up with a new agreement the father will be reluctant to continue with his guarantee leaving me in a worse position than I am now.
I don't even know the boyfriends name, I don't know if he is contributing towards the rent.
I feel that I am in a powerless position and I don't like that.
Say the tantrum results in her storming out and my rent not being paid.
QUESTION 1. Does that leave me stuffed or will the fathers guarantee come to the rescue.
QUESTION 2. As I will obviously still need to get him out how do I do it
Regards Geoff
Expert:  Remus2004 replied 1 year ago.
Yes, you don't want a person living there who is not on the agreement.
You need to decide whether you want him out or not.
If you want them out then just serve a S21 notice giving her two months and if she doesn't go then seek a court order.
If you are happy to have them both there then issue a S21 notice and then at it's end give them both a new contract.
The guarantee does assist you either way but never rely on them. They are always trying to avoid payment.
Customer: replied 1 year ago.
Hi
I'm back again !
A section 21 notice seems a bit severe, is that really what the law requires or can I just ask them to sign a new AST
Geoff
Expert:  Remus2004 replied 1 year ago.
You would really need to end the existing periodic.
You can always give them a new contract at the same time as issuing a S21 so there is no suggestion you want them out.
Customer: replied 1 year ago.
HiCustomerHow does a periodic end
Geoff
Expert:  Remus2004 replied 1 year ago.
With a S21 notice.
Customer: replied 1 year ago.
HiCustomerI hadn't got a clue !
Can I now scenario a really bad outcome :-
I call round to ask the boyfriends name only to find that they have had a barney and she has stormed out.
She and her family (the guarantor ) have gone back to warmer climes.
The boyfriend who won't give me his name, tells me he has changed the locks and has no intention of paying any rent because he has no money, no job and it's all my fault she has gone.
What do I do now ?
Geoff
Expert:  Remus2004 replied 1 year ago.
Ok.
If he didn't enter with your permission then he is a squatter and that is crime now finally.
If he did enter with your permission then he is just a bad tenant although he doesn't have the best claim.
he can't change the locks without giving you a set. You can instruct a locksmith to break in and change them and then sue him for the cost although that might not be the most productive option.
Customer: replied 1 year ago.
HiCustomerShe let him in. I was never asked if I minded if he came in.
Does that make him a squatter
Geoff
Expert:  Remus2004 replied 1 year ago.
Well, he will almost certainly say he did have your permission to be.
However, if you yourself never gave him permission to live there and he remains there then he is a squatter.
Customer: replied 1 year ago.
Hi
Is he a squatter whilst she is still there
Geoff
Expert:  Remus2004 replied 1 year ago.
If he is living there then you could argue that he is but she is not so you can't just summons up the police.
She and he will also say he is not living there but a guest and that would mean he is not a squatter.
Customer: replied 1 year ago.
HiCustomerSo if she goes and he stays I call the police
Geoff
Expert:  Remus2004 replied 1 year ago.
if you can prove she has genuinely left.
Customer: replied 1 year ago.
HiCustomerOK I call the police, what can I realistically expect them to do ?
Geoff
Expert:  Remus2004 replied 1 year ago.
As I've said really, tell him to go as he is a squatter.
Customer: replied 1 year ago.
HiCustomerHe tells me to clear off. I call the police, what can I realistically expect them to do
Geoff
Expert:  Remus2004 replied 1 year ago.
tell him to go as he is a squatter

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