PDA

View Full Version : ending a tenancy after 6months



Newby
03-11-2005, 21:08 PM
I have a 2 bed house with 2 tenants sharing with separate 6 month AST's, one of the tenants has domestic issues with his previous partner & requested if he could have his 13yr old daughter to stay temporarily until he resolved the issue which I agreed to as long as the other tenant had no objections. He now informs me that she cannot return to the mothers home at all. He has asked if I can write a letter of some kind so that he can give to the local housing authority to enable them to aquire housing when his tenancy ends in January or before.

Could someone recommend what notice is best served under these circumstances if any, or should I just wait until his tenancy expires and not renew.
I issued a section 21 (1)(B) at the start of the tenancy but as I understand it this can only be used after 6 months.

Thanks

MrShed
03-11-2005, 21:17 PM
- First of all let me just state that even if you had objected to his daughter staying, you could not have prevented him from doing so. He has a right to do this due to his quiet enjoyment of the property.

- With regards your question, you cannot evict him prior to the 6 months. I am assuming you mean on the grounds of him having moved his daughter in....as I say you cannot do anything with regards to this. As long as he is paying the rent, he can stay until the end of the 6 months. Ensure your S21 is 100% correct to prevent delays etc at the end.

- The only other way to resolve it would be to mutually agree to end the tenancy. However this is unlikely to happen as the guy is not going to make himself intentionally homeless when he has a daughter living with him!

Newby
04-11-2005, 16:12 PM
MR Shed - I'm confussed by your view that I couldn't evict him due to the fact that he has moved his daughter in. The tenancy clearly states that he alone is allowed to live there so effectively he has broken a tenancy condition.

Having issued the S21 at the start of the tenancy, would I need to still give him something in writting informing him that I will not be renewing the tenancy, if so what & when?

RichieP
04-11-2005, 16:49 PM
I'm confussed by your view that I couldn't evict him due to the fact that he has moved his daughter in. The tenancy clearly states that he alone is allowed to live there so effectively he has broken a tenancy condition.

It could be seen as an unfair term. Just because it's in the tenancy, doesn't mean it's valid.

You don't have to issue anything else in writing but a bit of courtesy wouldn't go amiss. You may end up with a very annoyed tenant if the first they hear is via a court letter. They could become very obstructive and make life difficult for you.

MrShed
04-11-2005, 20:20 PM
MR Shed - I'm confussed by your view that I couldn't evict him due to the fact that he has moved his daughter in. The tenancy clearly states that he alone is allowed to live there so effectively he has broken a tenancy condition.



And I am confused by your view that when someone pays to use your property, you feel you can dictate exactly who he can and cannot have round to said property. On a more legal note, Richie is right, such a term would be seen as an unfair term....I should have explained this in my initial post.

Raggy
04-11-2005, 23:35 PM
As stated in the initial post, this is a house with two discrete tenants (almost, but not quite, an HMO under the new legislation). The landlord therefore feels, rightly or wrongly, that he/she has an obligation to restrict the number of "guests" that a tenant may entertain on a long term basis, if only to limit the impact on the other tenant who probably shares the kitchen, bathrom and other communal areas.

PaulF
05-11-2005, 10:24 AM
There are issues here that nobody has brought up!


Why are there two separate AST's for two person sharing the same accommodation? They should both in fact be on the same agreement as neither has "exclusive possession" individually, an essential part of an AST, so one is likely to be void. Possession issues could be hard to establish too.
Do these two AST's start and end on the same dates? If not then the landlord is liely to have problems. If so then you might just get away with it.
A 13 years old person can move in with a tenant and would not be breaching any tenancy as she is a minor, and only there at the behest of the "tenant"! (I use the term loosely as I'm not sure who might be the tenant here!)
Landlords should be aware of what they might perceive as a breach of the tenancy might not be one, and just because it states something within it, it doesn't necessarily mean you can enforce it. Is is fair, reasonable, written in plain English, and follow the guidelines of the Unfair Terms in Consumer Contract Regulations?

Newby
09-11-2005, 14:52 PM
My concerns lie with the effect this difficult situation may have on the other tenant which may ultimatley force him to move on. How would I stand legally if for example the other tenant and the 13yr old girl were in the house together alone at some time? He would obviously feel uncomfortable I'm sure. Also I have recently discovered that the reason the mother threw her out was for stealing money from her! If she can steal from her own mother I'm sure she would have no qualms from stealing from a stranger.
Further more, if the tenancy term is considered unfair by some there is likely to be numerous unfair tenancy agreements out there as it is the standard AST from the RLA.

dazalock
09-11-2005, 16:00 PM
You are absolutely right, I suspect the majority of AST's out there could be ripped apart by the OFT, the problem only arises if you try and rely on one of the terms in court, you can in effect put anything you like in the AST. A good example is the good old "no pets" term, which has been discussed on this forum and the consensus is that it is unfair, but still people (including myself) have it in the contract, mainly to put off tenants having "pets", but you try and evict on the grounds that the term has been broken!