Rental and Sharer Problems.

Padstow

Daughter and boyfriend rented two bed unfurnished house together.
Between the parents we provided all furniture. Good beds, American fridge freezer, sofas, the lot.

Daughter and boyfriend split but are still the best of friends. All furniture still there, his mum said keep it what she contributed.

New tenant moved in five weeks ago, a girlfriend of daughter's. Went to pick up daughter and met this girl for the first time. To say she was frosty is an understatement.

I'd never pass remark about her friends, but in the car daughter started telling me how dreadful the situation is. That she's moody and doesn't speak for a couple of days at a time. D stopped off at the Gym on the way home and received an angry text from the girl to say D had left two cereal bowls on top of the dishwasher.
Today a nasty note was left warning D not to touch the kitchen roll as it belonged to her only.

This is no way to share a house, D always pays her way, overpays if anything.
This girl is paying half the rent on an unfurnished house but is fully furnished which she hasn't contributed a penny to.

D is going to be out of the Country for five weeks from the weekend, so not the best time to be dealing with matters.

D wants this girl out, and I said this morning that you can't just ask someone to leave. This is the main problem and one that could land her in trouble I would think with the letting agent.

It transpires that the girl wouldn't pay the change of tenancy I presume it is, at the cost of £500 so it remains in D and the ex boyfriend's name.
I know nothing about renting, but that sounds like trouble to me.
Surely she has no right being there. D shouldn't have allowed it on that basis and boyfriend should receive his money back.
Apart from the problems above, should a new tenant be decided by the Letting Agent?

The only advice I've given, is for D to remind the girl that everything she uses in the house from the bed to a cup, was provided for her, so not to be so petty over a sheet of kitchen paper.

D is adamant it won't work out, so your advice would be much appreciated.

ETA. D cannot afford full rent on her own.

HappyMJ

You can just ask someone to leave. Is the daughters girlfriend a lodger? Then just say to the lodger leave now and don't come back. Change the locks.

If D can't afford full rent then claim it off the ex-boyfriend. Whilst in a fixed term tenancy he is still liable for the rent even if he isn't wanting to live in the property. Once the fixed term finishes then terminate the tenancy and leave the property.

martinsurrey

This new girl has no contractual relationship with the landlord and so is not a tenant.

She is a lodger of the people who have a right to reside (your D and her ex BF), as such she has very few rights and can be kicked out without much hassle, but make sure you do follow the few she does have, look them up!

If she had paid the £500 and had the tenancy formally changed, things would have been much harder!

The letting agents will mind however as this means the tenants have sublet part of the house to a lodger, which will be against the tenancy agreement, but my guess is as long as you kick her out, and then pay to have her replacement put on the tenancy they won’t mind as they get fees (and £££ always make LA’s feel better).

*miaomiao*

Your daughter should give notice to the agent as soon as her contract allows and move into her own place. This will continue to be a nightmare. I've done it and wished I'd just paid extra for my own place somewhere else or moved somewhere cheaper. It can be done even when it seems impossible. For proper legal advice, you and your daughter should go see a solicitor for a short appointment with a copy of the letting agreement.
Then she should be honest but refuse to engange with the woman and tell her that she is leaving and the furnishings are hers and will be going too. The other option is after legal advice, ask the girl to leave.

RAS

When did the tenancy start? When is the end of the fixed term?

BF and DD are both liable for the whole rent until the end of the fixed term. BF remains liable even thoguh he has moved out.

The other woman has not legal rights except as a lodger. As such she could reasonably ask the lodger to leave by the weekend, but will have to pick up the tab fopr the rent, or BF will.

It might be an idea if BF shortlised a few possibble replacement lodgers whilst DD is away and then she interviewed after her return?

ruggedtoast

She is basically a lodger and has no contractual right to stay in the house. Your daughter most certainly can ask her to leave, and if she doesnt she has every right to call the police and complain the girl wont leave her home.

The letting agent would take a dim view of all this if they found out.

Padstow

*miaomiao* wrote: »

Your daughter should give notice to the agent as soon as her contract allows and move into her own place. This will continue to be a nightmare. I've done it and wished I'd just paid extra for my own place somewhere else or moved somewhere cheaper. It can be done even when it seems impossible. For proper legal advice, you and your daughter should go see a solicitor for a short appointment with a copy of the letting agreement.
Then she should be honest but refuse to engange with the woman and tell her that she is leaving and the furnishings are hers and will be going too. The other option is after legal advice, ask the girl to leave.

I should have said D intends to buy the house from the LL later in the year. It's a lovely place in a perfect spot.

19lottie82

Padstow wrote: »

I should have said D intends to buy the house from the LL later in the year. It's a lovely place in a perfect spot.

How can she afford to buy the house, if she can't afford to pay the rent?

But back to the original query. Tell FM to get out. Give her a week, out of good grace. Remind XBF that he is liable for the rent for the remainder of the tenancy that he originally signed.

HappyMJ

Padstow wrote: »

I should have said D intends to buy the house from the LL later in the year. It's a lovely place in a perfect spot.

She must have a lot of money then to save up the deposit whilst paying the rent and then to pay the monthly mortgage commitment, the buildings insurance and the maintenance required on the property. How can she do all that but can't pay the full rent?

DannyboyMidlands

Sounds to me like D needs to stand on her own two feet.

sinbad182

Another helpful post from property mogul dannyboymidlands