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Question Title: Extra Occupiers
| Question: 315 |
| We manage a property let to two sharers on an AST for one year less one day. Three months after the tenancy commenced, a third person moved into the property. We asked the tenants to sign a new agreement including the extra person but they have ignored all our correspondence. Is it OK to leave the extra person in the property, what is the status of this third person, How do we get rid of him ?
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| Answer: |
| It is an implied term of every assured tenancy, including AST's, which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not sublet any part of the dwelling house let on the tenancy (section 4 Housing Act 1988 as amended). But this term is not implied into fixed term assured tenancies. The majority of tenancy agreements would and should contain a covenant prohibiting any other person from living at the property. In this instance, if the tenancy agreement contained such a covenant, then the tenants would be in breach and a possession order could be sought from the court on the basis of ground 12. The 'lodger' would have some limited rights of occupation under the Protection of Eviction Act 1977 but if the legal position were explained to the tenants in this instance they would have the option of regularising the position or removing the extra person or face potential removal if a possession order was granted.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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