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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi.I have a tenant in one of my shared houses that isnt

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I have a tenant in one of my shared houses that isn't paying rent and I want to evict her. She has pulled a ridiculous suicide stunt, and is now claiming mental health issues, and driving the rest of the house crazy too. I used to work in mental health and I know someone who is swinging the lead. She says she wants to claim benefits, yet she will not fill out the paperwork. I have asked her if she wants to move into the shared house that I live in, as a live in landlord.If she moves in here, she will be on an excluded tenancy, so I can evict her under those terms rather than the AST she is under now. My question is, as long as she moves into my house on a voluntary basis, which is the case. She wont then be able to come under an AST from the old house will she? She will have none of the rights transferred to this house? Thank you

wingrovebuyer : Hello. Simple answer: no, if she leaves the property for which she has an AST, then she has, in law, surrendered her tenancy. If she moves in with you on different terms (ie a licence) then her tenancy is on that basis, and not the basis of the tenancy she has given up. Hope this helps, best ,WB
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