HELP! Friends Room Mate Moved BF in

Creamlampshade

N79 wrote: »

No the LL is not in breach of anything. Each T has a tenancy for their room with provisions for access to the shared areas (OK thats an assumption but it is how this sort of arrangement would normally be created). The LL has no ability to determine the tenancies of either T so is, in effect, powerless to stop Ts moving in whoever they please.

I have seen a clause in some ASTs:

[FONT=&quot]Schedule 2, Housing Act 1988, as amended by the Housing Act 1996:[FONT=&quot] The Landlord may seek recovery of possession of the Property prior to expiry of the Term on one or more of the grounds 2, 8, 10, 11, 12, 13, 14, 14A, 15 or 17. These grounds are set out in the First Schedule to this Agreement. [/FONT][/FONT]

Where 14A is: [FONT=&quot]
[/FONT]

[FONT=&quot]Ground 14A The Property was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other, a couple living together as husband and wife or a couple living together as if they were civil partners and:[/FONT]
[FONT=&quot] (a) one or both of the partners is a tenant of the Property;
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust;
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards:
(i) that partner; or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left; and
(d) the court is satisfied that the partner who has left is unlikely to return.
[/FONT]

Would this have any effect on the BF being moved in? Housing law is confusing at the best of times, so would be grateful for help reading this.
[FONT=&quot][/FONT]

BitterAndTwisted

But the tenancy hasn't been granted to a couple, either married or cohabiting, so why would the landlord choose to seek possession on that basis?

N79

Creamlampshade wrote: »

I have seen a clause in some ASTs:

[FONT=&quot]Schedule 2, Housing Act 1988, as amended by the Housing Act 1996:[FONT=&quot] The Landlord may seek recovery of possession of the Property prior to expiry of the Term on one or more of the grounds 2, 8, 10, 11, 12, 13, 14, 14A, 15 or 17. These grounds are set out in the First Schedule to this Agreement. [/FONT][/FONT]

Where 14A is: [FONT=&quot]
[/FONT]

[FONT=&quot]Ground 14A The Property was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other, a couple living together as husband and wife or a couple living together as if they were civil partners and:[/FONT]
[FONT=&quot] (a) one or both of the partners is a tenant of the Property;
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust;
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards:
(i) that partner; or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left; and
(d) the court is satisfied that the partner who has left is unlikely to return.
[/FONT]

Would this have any effect on the BF being moved in? Housing law is confusing at the best of times, so would be grateful for help reading this.

None whatsoever.

Ground 14A is very clear in its applicability - which part do you find confusing.

Avani

Very interested replies. Thanks for all your imput. She has sorted it all out now, and she is no longer the one in the pickle - if you know what I mean

tbs624

Creamlampshade wrote: »

I have seen a clause in some ASTs:

[FONT=&quot]Schedule 2, Housing Act 1988, as amended by the Housing Act 1996:[FONT=&quot] The Landlord may seek recovery of possession of the Property prior to expiry of the Term on one or more of the grounds 2, 8, 10, 11, 12, 13, 14, 14A, 15 or 17. These grounds are set out in the First Schedule to this Agreement. [/FONT][/FONT]

Where 14A is: [FONT=&quot]
[/FONT]

[FONT=&quot]Ground 14A The Property was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other, a couple living together as husband and wife or a couple living together as if they were civil partners and:[/FONT]
[FONT=&quot] (a) one or both of the partners is a tenant of the Property;
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust;
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards:
(i) that partner; or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left; and
(d) the court is satisfied that the partner who has left is unlikely to return.
[/FONT]

Would this have any effect on the BF being moved in? Housing law is confusing at the best of times, so would be grateful for help reading this.

Clearly the OP's friend is now sorted out but - Creamlampshade - this Notice is applicable only where the landlord is a social landlord (ie, local authority, HA, Housing Trust etc).

It's used to bring an AST to an end when the Ts are a couple and one of a couple leave the tenanted property due to the violence of the other or ( or threats thereof) and that T does not intend to return.

mlz1413

Avani wrote: »

Very interested replies. Thanks for all your imput. She has sorted it all out now, and she is no longer the one in the pickle - if you know what I mean

If your friends flat mate has done this once I'd be tempted to believe she will do it again.

I'd recommend your friend looks around for another room anyway, at least now she can do this without the earlier stress.