Daughter remaining in property after tenant moves?

by Readers Question

10:09 AM, 4th January 2021
About 4 months ago

Daughter remaining in property after tenant moves?

Make Text Bigger
Daughter remaining in property after tenant moves?

I have a tenant who has moved into her partner’s property leaving her just 18 years old daughter in my property as the sole occupant.

The mother pays the rent.

What rights does the daughter have to remain in the property and if I issue a Section 21 does the daughter have to leave as well as the tenant?

Any advice is most welcome.

Philip

Comments

Housing Law

10:34 AM, 4th January 2021
About 4 months ago

Hi Philip
If the daughter has never been a tenant and the sole tenant has moved out, you can serve a Notice to Quit on the tenant. This is because an assured shorthold tenancy is a species of assured tenancy as described in s.1 of the Housing Act 1988. It is a pre-requisite of such a tenancy that the tenant resides in the property as their "only or principal home". As soon as they cease to do so, the tenancy loses its "assured status" and becomes a pure contractual tenancy, which can be terminated by a Notice to Quit, giving at least 28 days' notice and expiring on a last day of a period of the tenancy. There are of course qualifications to that basic legal position and this is not intended as formal legal advice. You should seek advice from a solicitor who specialises in this area. I wish you luck.

David

19:05 PM, 4th January 2021
About 4 months ago

I agree with the above, but the mother could move back in to easily defeat the NTQ. Even though absent, the mother is still liable for the care of the property, but I guess the reality is that it will be down to someone who has never lived alone before and may have little idea about managing the responsibility. You should check the insurance position too.

Housing Law

11:06 AM, 5th January 2021
About 4 months ago

Spot on David - that's one of the qualifications and even if the tenant has not physically returned prior to expiry of the NTQ, the validity of the Notice might well turn on whether there was an intention to do so (applying the test in Mayor and Burgesses of the London Borough of Islington v Boyle and another [2011] EWCA 1450) - an NTQ should not be the only notice served etc.

Sam Addison

16:54 PM, 5th January 2021
About 4 months ago

I would try to talk to the mother and explain the situation that if she has moved out then the tenancy is ending. Perhaps see if she is happy to be a guarantor for her daughter to take up a new tenancy.

Michael Barnes

18:41 PM, 11th January 2021
About 4 months ago

Reply to the comment left by Sam Addison at 05/01/2021 - 16:54
" if she has moved out then the tenancy is ending"

That is not the case. The tenancy continues.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER

Pandemic related arrears should be top of the Housing Minister’s in-tray