Calling all tenancy experts!

[Kelly]

Kelly

November 23, 2017 at 1:58 pm #311

We have a house that we rent out, it’s been pretty problem free and we’ve had good tenants over the years. Until now that is.

Current tenant is a young single mother who was having the rent paid by benefits. She was given a tenancy agreement (assured short hold) with her mother as a signed guarantor, for 12 months. After that if both parties were happy it would roll on to a continuous contract. Should the tenancy wish to be ended, a notice period was required 1 month from the tenant or 3 months from us.

She has been in the house problem free for approx 2 years. About 6 months ago she moved her boyfriend in, still no problems apart from late rent but that was arranged and eventually paid.
She did ask for a new tenancy agreement for them both, but this wasn’t done. Mainly due to us waiting for the rent to be paid.

Now she phoned my OH last week to say she’s moved out, split with her boyfriend but he wants to stay. He says he’s “good for the rent”, no mention of the bond has been made by anybody.

What I need to know is;

What are her rights ? Specifically with the bond?
What are his rights? There’s no tenancy signed with his name.
We’ve been considering selling this property in the spring, if he signs an agreement how do we get him to leave if we sell?
What do we do with the bond? So far she’s not asked for it back, if she does get it back, what if he cannot pay us a bond?

[Red-1]

Red-1

November 23, 2017 at 1:59 pm #312

You want to sell in spring, it’s December, so 4 months would be nice to have a tenant for. Do it by the book. Ask her for her one months notice, and say that he can apply to have a 3 months lease for when her notice runs outs, subject to standard checks. She gets her deposit back unless the place is damaged or she doesn’t want to pay the final months rent. He has to pay a new deposit.

[bobby]

bobby

November 23, 2017 at 1:59 pm #313

I think you need to seek legal advice, as your tenant has moved/moving out and the agreement was with them. If they are not giving notice their bond should cover some of the notice period. If the boyfriend stays that may become a different sort of agreement, and you do not want a shorthold running six months from now.Depending on what your legal advice is I would serve an eviction notice and start a fresh.

[Jessie]

Jessie

November 23, 2017 at 2:00 pm #314

If she has not formally terminated her tenancy giving the obligatory notice, she (or her guarantor) are liable for the rent. You need to be careful about accepting rental payments from him unless you put it in writing that he only has use and occupation, and no rights to the tenancy. I would also advise him in writing that you are selling the property and give him sufficient notice to move on (i.e. 2 months).

[ester]

ester

November 23, 2017 at 2:00 pm #315

Any AST has to be a minimum of six months.

She legally has a tenancy agreement and he has nothing. I would ask her to give you the full written notice and tell her you are not willing to grant him a new tenancy agreement. Return her deposit pending the check out, and either let it sit empty or relent to someone else after they have completed referencing. Don’t let them back you into a corner because he’s already there, that’s not how things work.