Notice given but ex-boyfriend won’t leave – Help!
11:38 AM, 28th February 2022, 4 years ago
12
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My tenant gave notice to leave and has already left the property, but she has just told me she has split with her boyfriend, and he says he won’t leave until he has found somewhere else to live.
I’ve got a new tenant ready to move in next week, but how can I get the boyfriend out.
He says he’ll pay another month’s rent, but I just need him to go.
Does anyone know if he has any rights?
He is not mentioned on the AST.
Would he be considered as a squatter?
PRS
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Led by EPC assessor or retrofit specialist?
Member Since September 2018 - Comments: 3550 - Articles: 5
12:04 PM, 28th February 2022, About 4 years ago
If he is not on the AST then he has no right to be there.
She clearly is not interested in getting involved, but you could state that you will not be refunding her deposit as she has not actually given vacant possession. Mention that the AST is in her name so she is responsible for everything until vacant possession is given – that means council tax, rent etc and any damages irrespective if he cause them.
You might find she gets him out for you if she realises she is legally responsible until he leaves.
Member Since October 2020 - Comments: 1186
3:32 PM, 28th February 2022, About 4 years ago
If her notice has expired, then her tenancy has ended. If the boyfriend is still there then he is a trespasser and you should get advice on how to deal with this, but you may be able to exclude him with reasonable force or change the locks whilst he is out.
Member Since July 2013 - Comments: 197
3:52 PM, 28th February 2022, About 4 years ago
But do not take any rent from the boyfriend.
Member Since February 2022 - Comments: 3
9:41 AM, 1st March 2022, About 4 years ago
Thank you for the advice. Apparently the boyfriend has found alternative accommodation which should be ready in a weeks time. I’ve been advised by a solicitor that I can offer him a licence agreement for a limited time if I wish. I haven’t decided yet.
Member Since September 2018 - Comments: 3550 - Articles: 5
3:26 PM, 1st March 2022, About 4 years ago
Reply to the comment left by Paul at 01/03/2022 – 09:41
don’t! If you take him on in any way you have to follow due process to get him out! Sod the solicitor he doesn’t have the issue if he doesn’t leave.
Member Since October 2020 - Comments: 1186
11:04 AM, 2nd March 2022, About 4 years ago
Reply to the comment left by Paul at 01/03/2022 – 09:41
I’m not sure your solicitor has given you good advice. Firstly, I’m not clear what the legal basis would be for a licence if he has no alternative accommodation, so its possible that a court would regard this as a sham licence and actually an AST. Secondly, if you give him any indication, (formal or informal) that you are allowing him to stay at the property, you will lose the notion that he is trespassing and severely restrict your options.
I would suggest you speak to a specialist housing solicitor.
Member Since September 2015 - Comments: 153
2:04 AM, 3rd March 2022, About 4 years ago
Reply to the comment left by DSR at 01/03/2022 – 15:26Yeah he does but he will charge for the extra work..
Has the tenancy actually ended if tgere is not vacant possession the tenant allowed the boyfriend to stay so she is responsible..
Do not take anything from the boyfriend but go back to the tenant and say the tenancy can only be ended when there is vacant posession so she is liable for all bills until it is vacant…
Cant stand when a tenant tries to make thier problem the landlords problem, he is affectively a guest so she needs to tell him to leave and enfore it
Member Since February 2022 - Comments: 3
10:26 AM, 3rd March 2022, About 4 years ago
The boyfriend has now vacated the property and is staying with a friend until his new accommodation is ready. I have agreed to let him keep some furniture in the property which must be removed within 7 days. Meanwhile I can get on with some repairs before my new tenant moves in.
Thank you all for your comments and advice.
Member Since October 2020 - Comments: 1186
12:29 PM, 3rd March 2022, About 4 years ago
The answer to your question about whether the tenancy can end if there is not vacant possession is yes.
Member Since June 2016 - Comments: 49
3:27 PM, 3rd March 2022, About 4 years ago
Reply to the comment left by David at 28/02/2022 – 15:32
BUT, what if he paid 50% of the rent whilst in a periodic?