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tenant domestic issues!

Started by fancyabrew, February 12, 2016, 04:13:59 PM

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fancyabrew


We've got a spot of tenant trouble in the house we rent so any advice would be appreciated before I have to start going to solicitors, etc.

Here's the deal. We rent my old house out its about 20yds down the road from where I live now. We do it privately with a 1yr AST (just renewed 1st Jan) not via an agent and have done for 5 years now. Anyway we rent it to a young couple (they've been there for 15 months), the girl is a niece of our old old next door neighbour (its an old semi) She doesn't work as she poorly with some lung condition and her bloke is an odd job man so money is tight for them. That in mind we've been pretty relaxed with them, I think in the past year we've had the rent paid on time about twice! We charge them less than the going rate for the property and about £80 a month less than we charged our old tenants. We've knocked rent off for some odd jobs he's done down the property, we've let them have pets, we don't normally, that kind of thing. So we're more than reasonable!

Anyway the girl came to see us earlier this week to say (get this!) she's moving out in fact she's going to move in with her aunty next door! She's a bit of a target and bullied by her boyfriend nothing violent just classic mind games stuff, running her down all the time not letting her go out, very controlling, etc so she's finally had enough. Now they still haven't paid this months rent £635, she gets housing benefit but that's not enough to pay the full rent and now he's refusing to contribute to anything, rent, bill's etc.  The tenancy is in her sole name its not a joint tenancy agreement. I did them a tenancy agreement in joint names last year and they asked me to change it to just be in her name, odd. Anyway she's given us a months notice I know she is liable to pay the rent for the rest of the tenancy agreement (1st Jan 2017) or until we can relett it, now I'm not going to make her do that as she's got no money so there's no point, but I do want this months rent (I think she will pay some of it next week but probably not all) and I want her ex-boyfriend out. So I guess my question is what happens when she moves next door at the end of her notice period and the ex-boyfriend decides he's not going? Now this may not happen and hopefully won't but I like to plan head!

I do have Landlord insurance so could give them a call.

theangrylandlord

#1
Please be wary of advice from a for I especially my own
Always do your own research

You seem quite switched on (although a bit soft) so I won't bother to explain the options about talking to the tenant etc. But merely answer your question at the end.
If the Boyfriend doesn't leave and you are comfortable no sub tenant agreement exists then you must file a claim form (Form N5), particulars of claim (Form N121) and a witness statement with the court and seek a possesion order to remove the boyfriend.

Best of luck

fancyabrew

thanks for that.  Hopefully it won't come to it!  But yes there is a no-subletting clause in the AST.  I don't think he's going to hang around as he will be living next door to his ex-girlfriend and her aunt (would you!) And he's also not much liked by various people in the village, the old adage "don't pi$$ off the locals" springs to mind!