SMF - Just Installed!

Non Tennant Occupier

Started by hadventure, May 05, 2019, 02:22:03 PM

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hadventure

I've encountered a bit of a strange situation with my rental and need some experienced advice.

I have been a landlord for just under two years and have had the same Tennant the whole time.  He has always paid his rents and the whole situation has been fine, however he recently gave me a months notice and has left me worrying things are about to become shaped like a pear.

I rented the property to him alone as an AST.  When I visited the property it was always fine.

He gave me his months notice a few days back via an email which is fine but went on to tell me in a phone call that his girlfriend had moved in with him a while back and they have now split up.  As a result he has moved out and she is living there alone?! This is all news to me.

So whilst he has been paying the rent and has just done so for this month, she is left in my rental and I have no contract with her and do not know who she is.  He has assured me things are organised, amicable and arranged etc... But this is concerning me.

Therefore my worry, concern and question - is this going to bite me somehow?  What do I do on move out day if she is still there when he is handing me the keys back? 

I could take legal advice now - better to take advice and not need it but just wanted to hear what more experienced people thought.

Thanks

Mortimer

Worst case scenario is that he's accidentally created a subtenancy situation, but it may well not be a drama.  If it was me, I wouldn't seek legal advice, I'd knock on the door and have cup of tea with her.  Explain that you're trying to decide what to do and ask what she wants -- does she want to live in the property with a tenancy in her own name?  Be clear that you'll have to run your usual checks if she does.

While you're talking, find out if she's paid anything towards the rent, and find out if she's put anything towards the deposit.  Then post again.

hadventure

Thanks for that...

He paid the deposit to me via bank transfer (it was immediately protected). I'm not sure if he was with her then.  The rent continues to come from his account. 

I'll have to try and call her - thanks thats a great suggestion, check that she's planning to move out.

Honestly I want to sell the place now though - I don't think I'm cut out to be a landlord and I live too far away from the property.

hadventure

OK so I have spoken to them both and they want it over with quick and as the place has been looked after and rent has been paid and we have a good relationship I am going to let them give me vacant possession next week.  Having read the blog I agree that its not worth the hassle of making them stay the full month if they offer me an empty house sooner.

So I need to get him to sign a Surrender of Tenancy Letter. 

Should I get her to sign or witness it too - or just take his signature as I only knew about him until recently and the AST is in his name?

Thanks

Mortimer

If she's willing to sign it, get her to sign it.

KTC

I wouldn't. She might (not saying she would) use it as evidence that she was a tenant, there was a deposit, it wasn't protected in her name or she wasn't given the prescribed information.....

hadventure

Thanks.
That was my though and concern.
If she signs the agreement is it me saying she was an unofficial tenant that I knew about?  Could that then negate the Surrender of tenancy letter as she never was on the AST to begin with?
I think I'm just gonna get the only official tenant to sign, check its empty and change the locks?