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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I rent a house. I have an assured shorthold tenancy

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I rent a house. I have an assured shorthold tenancy agreement. It's me only on the agreement with the landlord.
I have a partner and a baby / from my partner/. We all live in the house.
My landlord has found out that I am staying currently with my sister/ it's me and the baby only/ and he is furious that I am not in the house at the moment. He wants to use that as a ground to evict me before my contract ends. The truth is that he wants his house back earlier and that's his second attempt to find sth to determine the contract.
My partner is staying in the house while I am with my sister who helps me for the baby/ 3 months old/.
My question is does it matter if I'm not in the house/ for whatever reasons/ if my partner is there? Can the landlord apply the clause that I've abandoned the property and let other people live there?
Thank you
Alex Watts : Hello my name is ***** ***** I will help You with this.
Alex Watts : Does your tenanxy agreement say you must live there please?



no, it does not specifically say


there is a clause in the agreement that I cannot have paying guests or sublet the property


I can have guests for up to 3 weeks

Alex Watts : Ok, but you don't have paying guests, is that right?


Alex Watts : Ok then you Dont need to worry.
Alex Watts : The landlord can't apply any clause because it is not a Condition that you must live there.
Alex Watts : Therefore you are safe in the home.
Alex Watts : Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Further to our problem with the landlord....

The landlord and a guy from the agency arranged an appointment with me and came to view the house last week.

It was my partner in the house who's explained that nobody but us live in the property.

I received an e-mail later on the day from the agency saying that on the inspection day they've confirmed that there were 10 people living in the property so I should move out in the next 14 days.

My reply was that this notice is illegal and their behaviour is harrasing confirming that there was nobody in the house but my partner.

Now... we had 2 rooms locked on the inspection date last week so in reply to my last e-mail to the agency I just received another e-mail saying that the landlord and a guy from the agency are coming for an inspection AGAIN on Friday this week....

My question is: May I refuse access?

Customer: replied 3 years ago.


May I ask another question please?

If the council think that the house is HMO can I go to jail?