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10:18 AM, 15th October 2018, About 6 years ago 18
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Hello All, Last week, I carried out a general check up/inspection/’how’s it going?’ visit at the same time as a periodic electrical inspection. This was arranged with the tenant by text/phone.
It was surreal. I have never been in this position before.
The tenant, (a couple and their two small children), were not there. Neither was their furniture, coats, children’s toys, but his sister was along with her furniture. I have to assume it is his sister and there is no information or oddities in the information yet given to suggest she isn’t. She looked very relaxed and settled.
The alleged sister is sensible, pleasant and (I had small children once so this is in no way meant to be disparaging) the place is clean and tidy.
The previous month, I noticed and queried a ‘faster payment’ of rent by a name that was not the tenant’s. The explanation was that the sister was helping out. In the past, I have had tenants who sometimes had their rent paid by others; so not particularly notable. But I now suspect that the month before that was in cash and was also the sister.
The explanation offered by the sister was that the tenant had to go ‘home’ (family) to deal with personal problems and it suited them all that she give up her rented property and temporarily step in to support to keep the option to return open. No point in one of them renting an empty flat while she lived on her own elsewhere.
To give up a rented property the sister presumably gave 1 month’s notice.
My last visit was 2 months ago.
Further background. The tenant struggled last year and a half (redundancy at the same time as the arrival of a baby) and has modest arrears, but it was under control and arrears were being sensibly eroded with oodles of flexibility. At our last meeting 2 months ago everything was looking really good. Both had new jobs, he was starting college, eldest child starting school; a stressful but very positive time.
At the moment I genuinely don’t think there is ‘badness’ at play here though I reserve the right to change my mind if new information comes to light. However, I will directly accuse them of leaving me out of the loop and there is clearly a significant level of planning going back 3 months at least.
Prescribed info and how to rent guides all good. Deposit handed to the DPS within about 5 days of receipt. Regular rent statements provided. All relevant gas/elec certification continuously up to date.
I continue to communicate only with the tenant though in the last week that has proved impossible.
Soooooo, questions, questions, questions …
This is not clear cut subletting. What is it?
The sister is not the tenant. She has been told that she is not the tenant and that the tenant should pay the rent not her. If the Sister has been there for two months and effectively paid the rent what are the implications for me?
I would be happy with a deed of surrender with an immediate new tenancy agreement with the sister. Although I’m not sure what previous address to use for a tenancy agreement as she is already in the property.
I have to assume that I have discovered I am on dodgy ground but I have no idea what the lurking dangers are.
So, despite my irritation and on behalf of the tenant, (keeping a guarded positivity), your comments, please.
Thanks
Hamish
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Hamish McBloggs
13:38 PM, 15th October 2018, About 6 years ago
Reply to the comment left by Graham Bowcock at 15/10/2018 - 13:36
yup
Eps
13:39 PM, 15th October 2018, About 6 years ago
Reply to the comment left by Graham Bowcock at 15/10/2018 - 13:36
Absolutely Graham, this is just in my own experience within the confines of the DPS.
Dylan Morris
13:59 PM, 15th October 2018, About 6 years ago
Crikey sounds like a nightmare, especially with the sister (new tenant ? ) paying the rent directly to you, I really don’t like the sound of that. I think you need to take advice from a good solicitor, perhaps one of those specialists like Paul Shamplina (Landlord Action) as although info provided on this forum is usually good you need a legally qualified person to deal with this, somebody who’s dealt with this before. (You could star in Rogue Tenants Bad Landlords on Channel 5 with this one).
Michael Barnes
1:17 AM, 16th October 2018, About 6 years ago
You cannot create a tenancy with the sister either intentionally or accidentally until the previous tenancy is properly ended; attempting to do so may be an illegal eviction.
If the tenant is not living there, then it is no longer an assured tenancy, so S21 and S8 have no effect; NTQ must be used. BUT if the tenant returns to the property, then it becomes an assured tenancy again, so NTQ is of no effect and S21 or S8 must be used.
Therefore both NTQ and S21/S8 must be served so that whatever the tenant does, court proceedings can be taken.
Atholl
13:03 PM, 22nd October 2018, About 6 years ago
1 Get original tenant to terminate tenancy ASAP in writing
2 refund deposit ASAP to the original tenant.
3 Give new tenant (sister) a new agreement ASAP
4 Both relatives should have told the landlord but probably frighten of the landlord refusing ..but went ahead and done it anyway
Landlord be more approachable and I don't accept the control part of this issue . Landlords need to move with the new rules or get out the door .
It sounds like the original tenant has found you a new tenant (Sister) . Sounds like a win win to me all round .
Kind regards
John Gordon
Dylan Morris
13:41 PM, 22nd October 2018, About 6 years ago
Reply to the comment left by John Gordon at 22/10/2018 - 13:03
Only one problem “ I communicate only with the tenant though in the last week that has proved impossible”.
Rob Crawford
14:38 PM, 22nd October 2018, About 6 years ago
...I agree with Michael Barnes. Serve these notices iaw with the relevant section in the AST asap. It does not matter if the tenant is there to receive them or not.
Hamish McBloggs
15:39 PM, 22nd October 2018, About 6 years ago
Reply to the comment left by John Gordon at 22/10/2018 - 13:03
I think I am very approachable any time of day or night and make it absolutely clear to my tenants that this is the case and I would be horrified to find otherwise.
To be frightened of my response could be a reasonable conclusion but why would I invite the opportunity for a void by declining sensible plans?
by 'the control part' I assume you are referring to the arrears eroding. Everything was working well. What do you not accept?
Can you elaborate on the 'new rules'?
Win-win. To find a 'replacement' tenant for us is fine but it is better to involve the landlord and there are formalities such as references, inventory, deposits, ...