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Question Title: Unwanted Tenant
| Question: 205 |
| I have recently arranged an assured shorthold tenancy agreement on behalf of a client landlord for a fixed term of twelve months. The tenant was a young lady and the agreement was in her name only. Despite the fact that the tenancy agreement forbade her from subletting, her partner moved into the property without seeking permission and has been contributing toward the payment of rent as the tenant's housing benefit has been stopped. I am not happy that the property is suitable for two people and the tenant has now informed me that she is expecting a baby at the end of the year. I am also reluctant to take on a tenant whom I know nothing about. I would like to seek possession of the property and find a new tenant - how do I go about this ?
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| Answer: |
| Your tenancy agreement, if well drafted, should contain a clause which states that the tenant shall not assign, sublet, share or allow any other person to reside in the dwelling. In that case the tenant would be in breach of her contract and possession proceedings could be commenced. If you consider the property to be overcrowded within the provisions of part 10 of the Housing Act 1985 (see page 18 'Overcrowding'), then this too would be a ground for possession. If the tenant does not either agree to leave or agree that her partner must leave then notice should be given to the tenant under section 8 of the Housing Act 1988 as amended, stating that you are applying to the court for possession of the property. The ground that should be used is ground 12 which is a discretionary ground and states that a breach has occurred and that breach is one that is other than rent arrears. It should be remembered that as a discretionary ground the court will look at all the circumstances surrounding the breach and will only award a possession order if it considers it reasonable to do so. Strong evidence is therefore required and possession using this ground is often suspended or refused. If this course of action is not taken or if the action fails, you may exercise your mandatory right to possession at the end of the term by providing the tenant with a minimum of two months' notice.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapters 9 & 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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