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Toshack
22-12-2005, 10:28 AM
Hopefully someone can resolve some confusion for me. I rented a property to a tenant, who's girlfriend moved in with him, but the boyfriend was the only one named on the rental agreement. Subsequently they parted, but the girlfriend stayed in the property. She now owes two months back rent. If I'm serving a Section 8 notice, should I name he on the notice, or shoulf I name the original tenant? What are the negative implications? Many Thanks.

dazalock
22-12-2005, 10:55 AM
Have you ever taken rent from the gf?

justaboutsane
22-12-2005, 11:01 AM
Depends on the agreement dazzalock... if the AST says that any monies taken from a third party it shall be taken as received from the tenant, then it makes no odds that she has paid rent.

Go after him, he is the one with the agreement and not her. Unless you have something in writing that says otherwise!

MrShed
22-12-2005, 11:47 AM
Hmmm I would disagree JSA. It is fairly clear from the posters initial post that the original tenant is no longer in the property, and that he has accepted the new person as a tenant in the property. I would say that it appears that the original tenancy was mutually ended, and that a new tenancy, without a signed agreement, was started with the gf. Just my thoughts, but remember that an agreement does not have to be signed to begin a tenancy!

Toshack
22-12-2005, 12:12 PM
Have you ever taken rent from the gf?

Yes, unfortunately she's paid rent - albeit by paying cash into my bank account.

dazalock
22-12-2005, 14:25 PM
Then Im afraid you have a contract with this girl from the date she first paid rent. As there is no paper AST signed by both of you, you may find you are unable to follow the accelerated eviction process.

davidjohnbutton
22-12-2005, 21:56 PM
Correction - you have an oral (parol) agreement from the date you knew she was in the property and you accepted rent from her. It is often the case that the original tenant pays in rent each month to a bank account and then leaves without the landlord being made aware - the resident person left behind then continues with the arrangement which leaves the landlord thinking that the original tenant is still there - in this type of case, there is no new contract/agreement - the landlord is being duped although probably not losing any money and if, after being made aware, he accepts the resident person as a new tenant, it is only then that he makes a new agreement with him/her. However, if he wishes to regain possession, he can accept money so long as he receipts it as mesne profits which is another way of receiving "rent" without there being a formal legal relationship of landlord and tenant - mesne profits are usually accepted after a notice to quit/notice seeking possession has been given and legal proceedings are in process or about to be commenced.