|
|
Question Title: Injunction against boyfriend
| Question: 367 |
| I have just been told that one of the tenancies that I manage has just gone 'pear shaped' in a big way. About three months ago I let a flat to a chap and his girlfriend. Referencing checks taken out on both applicants appeared satisfactory and I drew up a 6 month assured shorthold tenancy agreement. However, apparently there has been a history of domestic violence on the part of the chap and his girlfriend has obtained an injunction from the court not only preventing his access to the property but also to the surrounding area. What happens to the tenancy? The girlfriend wants to remain in the flat and is capable of meeting the rent on her own. What can I do?
|
| Answer: |
| This type of issue, which regrettably is not as uncommon as one might wish can be looked at in two ways. The first is the strictly pragmatic and practical approach and the second is the strictly legal approach. Whilst the two are not really completely different the latter is a good deal more complicated than the former. Provided that the landlord is agreeable to a new minimum term of six months, a new assured shorthold tenancy should be drawn up for the girlfriend. Arrangements should be made with the boyfriend for him to recover, through the agency of a third party, any of his property remaining in the premises. Some of the positives of this approach might need to be explained to the boyfriend. His liability under the tenancy will cease; failing to surrender would leave him liable for the rent until the end of the term. His share of the deposit could be returned subject to its replacement by the girlfriend. As far as the legal approach is concerned the end result is the same but there are a number of not mutually exclusive routes to this position. The existing tenancy may be said to have been surrendered by the legal prohibition on occupation contained in the injunction. An assured tenancy only exists whilst the tenant occupies the property (see s1(1) Housing Act 1988). Another approach would be to say that the tenancy agreement had been frustrated by operation of the law. It is a clearly understood aspect of the law of contract that a contract will be discharged if its performance becomes illegal. Whichever legal approach was to be taken the end result in practical terms would be the same.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Handbook |
Chapter 13 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
