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Guest of Tenant living with the tenant refusing to leave

Started by NairS, August 24, 2023, 03:39:34 PM

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NairS

Hi All,

I tried googling my situation including this forum but no luck; I hope to get some advice here. thanks in advance.

After a month of signing the contract, my tenant brought his friend and asked if she could stay; I said yes, as long as she is not staying for long and abide by the Contract rules; This person(friend) started smoking weed inside/outside the property and the smell is all over the place; when I asked her she said it is a scented oil lamp but that is not true; the smell is so bad my son gets headache. I spoke to the tenant (with whom I have the tenancy agreement) and he is planning to move out of the property.

Now this person(friend) who stayed with the tenant, is demanding half of the deposit; I explained to her that she was staying as a guest and she is not in the tenancy agreement and the Tenant who signed and paid the deposit will get back the deposit. now she is refusing to leave the property without half the deposit and she wants the copy of the tenancy agreement.

I need advise on.

- They are breaching the contract by smoking weed, how I prove that they are smoking weed? is this something I can complain to the police?
- Am I obliged to send a copy of the tenancy agreement to the guest.
- The tenant is ready to move out but this guest is saying she is not anywhere, the tenant says he doesn't even speak to her now since she is threating and said he is fully supportive if I take it legally.

What are my options if any?

Thanks

jpkeates

The guest has no rights at all, really. The moment the tenant leaves and the tenancy ends, they're a trespasser and you can use reasonable force to remove them from the property and lock them out.

The guest hasn't any contract with you to be in breach of. The tenant may be in breach by allowing it to happen, but there's nothing much you can do about it. You can tell the police but the chance of them doing anything is remote.

No, you're not obliged to give the guest anything at all.

Make sure the tenant gives notice or surrenders the tenant properly. If they don't the tenancy won't end.

NairS


Hippogriff

This line - "...the smell is so bad my son gets headache..." - makes it sound like you're all in the same property?

NairS

They are in the Annexure property next door; our garden is next to theirs ... if we keep the kitchen door open then the smokes comes into our house.

heavykarma

You are in the ideal position to nip round and change the locks when she pops out.You can chuck her stuff out in the garden.Stop being intimidated by this chancer!

jpkeates

The actual tenant is still there, so they can kick out the guest.
The landlord really shouldn't get involved until the tenancy has ended.

heavykarma

Yes,I did mean if she stays on after the legit.tenant  vacates.

NairS

Folks,

thanks for all the advise, it is really useful to get your views.

Regards,
-NS