At what point does a guest turn into a tenant?

PasturesNew

I think one 'decider' might also be if the person has their own set of keys and would feel completely at liberty to let themselves in, night or day, and take a bath/shower... then potter into the kitchen, check the breadbin, make themselves some toast, sit down in the living room and flick the TV on ... all while being the only one there, not expecting to be met there at any moment for an event, but simply because they felt it was their right.

frank.hopper

M.Holloway wrote: »

The offending party is my flatmates girlfriend, and wont even give me a swift 'shake' in the showers.

She's got to go...


:rotfl::rotfl:

M.Holloway

I've looked into this more, with the help of a lawyer, and he couldn't turn up any cases where a LL had tried to evict a tenant on grounds that there was another person living there. Infact it would be so hard to prove that most wouldn't bother.

It seems that my LL is falling heavily in the realm of harassment.

tbs624

M.Holloway wrote: »

.....NEXT!

No doubt your LL will be saying the same, in the form of a s21 lined up for the Fixed Term expiry

clutton_2

M .Holloway - do not send me abusive private messages.... if you have something to say to me because you do not like my response to your thread - then say it here in public.. if you send further PMs i will report you


If you were my tenant i would get you out as soon as i possible could with your arrogant and childish attitude.....

M.Holloway

clutton wrote: »

M .Holloway - do not send me abusive private messages.... if you have something to say to me because you do not like my response to your thread - then say it here in public.. if you send further PMs i will report you


If you were my tenant i would get you out as soon as i possible could with your arrogant and childish attitude.....

I sent it via PM as I see no point in naming and shaming you publicly.

"Read what I wrote or don't bother replying"

Your initial reply basically showed that you didn't even read my points and were just riffing off what you thought I may vaguely be saying.

I mean how good is your advice gonna be if you didn't even read what my questions and follow up replys were ?!?!?!

- Please don't insinuate that I was being abusive, or I'll report you.

M.Holloway

tbs624 wrote: »

No doubt your LL will be saying the same, in the form of a s21 lined up for the Fixed Term expiry

Possibly. We used to get on very well, but he seems to be fixated on harassing me out of the property now. I think he realised he could earn more rent from new tenants.

TBH I might just use the break clause and leave, as he's now talking about spying on us to keep a stringent record of who goes in and out and when.

Which I believe to be in breach of "8. The Landlord agrees with the Tenant that:
(8.1) The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord..."

Wee_Willy_Harris

At the end of the day, your LL has let you a property to use as your home. It would not, in itself, be unusual for your personal circumstances (or those of any other tenant) to change in the way you describe. To evict you on the grounds that another party, not on the t/agg, has taken up residence in violatiion of the terms of the t/agg would be, to say the very least, difficult. His efforts to establish this other persons residence (you mentioned surveilance of the property) are, frankly, both a waste of time and may be perceived as harrassment.

However, should the LL be unhappy about any aspect of the tenancy, he may serve you with a section 21 notice at any time (the expiry of which is, of course, governed by the fixed term of the t/agg and any break clause contained therein). Equally, you may decide to end the tenancy yourself should you be unhappy about any aspect of the LLs behaviour.

Perhaps, with hindsight, and for future reference, it may be wiser to seek the agreement of the LL BEFORE the event, rather than presenting him with a fate accomple and a "....... NEXT" attitude.

Cannon_Fodder

M.Holloway wrote:

@ CF, do we need to..

Technically you don't need to, but if she is seeing your flatmate 4-6 nights a week, why not "share the load" between the two places to scupper the LLs argument ? A little bit of common sense could avert upheaval. Instead of trying to find a legal exception to trump him - most LLs would think "snotty clever clogs, that's him out"...notice served.

clutton knows his stuff on LL insurance etc. If a LL does get worried about potential breach of any terms & conditions, or costs being incurred, you can be sure they will protect their own interests ahead of yours.

M.Holloway wrote: »

I've looked into this more, with the help of a lawyer, and he couldn't turn up any cases where a LL had tried to evict a tenant on grounds that there was another person living there. Infact it would be so hard to prove that most wouldn't bother.

Perhaps because a smart landlord will not need to resort to eviction.

They just serve the correct notice at the correct time and out you go...

...if that then turns into you declining to go, and needing to be evicted, the Landlord just says to the court "I served the correct notice". No reason need be given.


Between now and serving notice, if he breaches your right to quiet enjoyment, then he is in the wrong. Trouble is, to put him in his place just upsets him more, leading to further likelihood of getting served notice.

A bit unfair. One of the one-sided elements of renting that I don't like. "tit-for-tat" ending of tenancy is a difficult thing to police.

clutton_2

""he seems to be fixated on harassing me out of the property now."" - with your attitude i am not at all surprised...

a tenancy is not a game... nor a battle..

there are clearly breaches of the tenancy goingon.. and a LL can issue you with a S21 if he chooses.. if you want to be evicted then just carry on behaving like this...