UK Landlord Forum / Life

Last summer we bought a flat that my student daughter and her friend moved into while they are at uni. The relationship between my daughter and her friend has broken down, due to the behaviour of the friend, including her spreading lies about my daughter. I gave the friend a 2 year contract, but for the sake of my daughter's mental health need to evict her. There is a 6 month break clause in the contract, but i think i needed to give her notice after 4 months for that. She moved in 5 months ago. As she was sharing with a member of my family, i didn't know whether she counts as a shorthold tenant or an excluded tenant. I would be grateful for any advice

If you've given the Tenant an Assured Shorthold Tenancy then she's a Tenant, with all the rights that come with that fixed term. If your Break Clause is not applicable, then it's not applicable (we can't see it, obviously) and if this Tenant does not want to leave, and has a fixed term for another 19 months or so. Time to think laterally, maybe?

Although I find the concept of buying a rental property for children at uni to offset the cost logical, I'd never do it myself.  Instead I'd buy a rental property closer to home, easier to manage, rent that out to strangers and then use that rental income to fund the child's accommodation.  I can see issues sharing someones 'This is my mum and dads house'

Thank-you. The lease I gave her doesn't say it's an assured shorthold tenancy, as I wasn't sure if it was or not, as she's sharing with a member of my family, but not with me in the house which would make it an excluded tenancy. Thank-you Riptide, I do wonder whether that has been a cause of some of the problems

Try using Shelters tenancy checker from the tenants point of view http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Thank-you Riptide. Ambiguous answer on there too.

Ambiguity shouldn't exist if you know what type of agreement you have. Only you can see the agreement, we cannot.