Rented House advice

Paul_Jones_1984

Firstly, apologies for spelling etc as using mobile.

Looking for any advice on offer.

Three months ago I signed a rental agreement on a new build house.
Then one month later my girlfriend and her toddler and baby moved in.
Now it seems our relationship is over. I've come back to stay at my parents house. Girlfriend is still in the house and doesn't intend to leave. She has no family nearby. Also girlfriend doesn't want me to return to the house.

So I'm guessing she's going to need to arrange for LHA to pay the rent?
I signed all the paperwork and gave a deposit. Girlfriend signed nothing. Was bit of a rush moving her in, as she was keen to leave her last house and I was busy with work at the time.

Letting agency doesn't know she's living there yet.

So I'm guessing I'm liable for the rent, until she sorts out LHA?
Any advice before I speak to the letting agents on Saturday?
I'm going to be busy in work, but could email them obviously.
I don't know the landlord.

Thanks.

Paul

steampowered

What is the duration of the lease?

You will be liable to pay rent for the remaining term of the lease.

But perhaps you should be giving notice to terminate the lease as soon as permitted under the lease agreement. At that point, it would then presumably become the landlord's problem to evict your girlfriend.

It isn't as simple as getting the LHA to pay the rent. The landlord might not be willing to let to her on the basis of housing benefit.

HampshireH

You will be liable for the rent regardless.

HB can usually only be claimed on receipt of a valid tenancy agreement in the claimants name. Your ex-g/f is unlikely to get HB on a property she isn't renting and has no agreement on.

She has effectively become your tenant and you her landlord.

I'm sure your landlord is going to be pretty miffed to find you (probably) breached the terms of your tenancy agreement by "subletting" the property out as it is no longer your main residence. Many tenancies have a clause which doesnt allow subletting as it is a complete nightmare for the LL

You are liable for all rent and the condition of the property for as long as your tenancy runs.

I would suggest being a little less busy and a little more pro-active and try to get her to leave.

Paul_Jones_1984

Thanks for the replies.
I wasn't intending to sublet, as my girlfriend has been living there with me. She's not been given me any rent money.
The rental agreement is AST. I don't have a copy with me, it's in the house.
What is the standard AST lease time? One year or 6 months?

How can I proactively get girlfriend to leave? Presumably council will need to offer her a place or she will need to find a new private rental?
What usually happens in these situations?

Thanks.

Paul_Jones_1984

P.S. all my furniture etc is still in the house. I haven't officially changed my address to my parents house. I'm just staying here. Utility bills etc on house still in my name. What's the legality about changing them?

HampshireH

Sorry, the fact you said you had moved out (staying else where) and were considering her getting HB suggested she would cover the rent and you wouldnt live there. = Subletting

Now it seems our relationship is over. I've come back to stay at my parents house. Girlfriend is still in the house and doesn't intend to leave. She has no family nearby. Also girlfriend doesn't want me to return to the house.

There is no standard. If you signed a 6 month agreement then its 6 months. If you signed a 12 month its 12 months. You must know what you signed up to?

Where did she come from? Can you not send her back? (I realise that sounds Harsh but she must have been living somewhere?)

The Local Authority may have no reason/duty to house her.

HampshireH

One way of getting her out. Go in and remove all your furniture. Leave it empty. I imagine she may choose to find a bed elsewhere.

That said if your tenancy (and insurance) state you need to be living there this won't work.

G_M

Others have summed up pretty wwell, but it's worth reinforcing....

Paul_Jones_1984 wrote: »

Three months ago I signed a rental agreement on a new build house.
Then one month later my girlfriend and her toddler and baby moved in.
Now it seems our relationship is over. I've come back to stay at my parents house. Girlfriend is still in the house and doesn't intend to leave.

So I'm guessing she's going to need to arrange for LHA to pay the rent?
That's a question? It depends whether or not you are charging her for renting your property.
If you do (or are), she will need a tenancy agreement in order to claim LHA.

If you are not charging her rent, then she cannot claim.

I signed all the paperwork and gave a deposit. Girlfriend signed nothing. Was bit of a rush moving her in, as she was keen to leave her last house and I was busy with work at the time.
Time to slow down, take stock, and wourk out
* your rights
* your obligations
* her rights and
* her obligations

Letting agency doesn't know she's living there yet.
There will be fireworks when they find out. And then even more freworks when they realise you are not living there.

So I'm guessing I'm liable for the rent, until she sorts out LHA?
No. You are liable for rent till your tenancy ends.
Whether she is liable for rent depends on the agreement between you and her.

Any advice before I speak to the letting agents on Saturday?
Yes.
1) Ideally get her out
2) if this fails, move back in yourself
3) Decide whetther to charge her rent
a) if you do, you create a tenancy between her and you, and you can then not move back in. You also take on all the responsibilities of beng a landlord. You must, by law, for example, give her an EPC, a GSR, a gov leaflet etc
b) if you do not charge her rent, then she can't claim benefits. Or prevent you moving back (which is probably your best option). She will be living there under a licence (no tenancy)

I'm going to be busy in work, but could email them obviously.
I don't know the landlord.

You need to sort this with your ex, fast, and hard-heartedly, before conatcting the agent.

Either she leaves, or you move back and live together.

Leaving her there will cause you endless legal problems. and endless financial problems. Not to mention personl problems.

Paul_Jones_1984

Ok. Yes, I see what you mean now. I guess I am currently staying at my parents house, but my intention is to move out of the rented house.

I think it was a 12 month contract.

Girlfriend has now changed the locks on the rented house. There's no room in my parents house for my furniture. But obviously I'll want the furniture when I arrange the next place for myself. I'm happy for GF to keep the furniture for now, as I don't want to antagonize her any more and I don't want to pay storage and removal costs for it.

saajan_12

steampowered wrote: »

What is the duration of the lease?

You will be liable to pay rent for the remaining term of the lease. -agree, until the tenancy is properly terminated AND OP and their guests (ie gf) have vacated.

But perhaps you should be giving notice to terminate the lease as soon as permitted under the lease agreement. - yes, provided OP is confident the property will be vacated by the expiry of the notice. Else, they become liable for double rent. At that point, it would then presumably become the landlord's problem to evict your girlfriend. - NO, the gf is OP's guest, and until both vacate, the tenant (ie OP) is still liable for the full rent. The fixed term has nothing to do with this, the gf is not the LL's tenant unless the LL specifically agrees to this.

It isn't as simple as getting the LHA to pay the rent. -
indeed, they will likely want a signed agreement directly wiht the LL for starters. The landlord might not be willing to let to her on the basis of housing benefit.

OP, priority is to get the gf out - until she or any of your / her guests remain in the property, the tenancy continues and you are liable for the rent.

If/when the gf has vacated, you may be able to request that the LL terminate the tenancy early (this is a negotiation, the LL doesn't have to so they can demand whatever they like). If they don't agree, then leave before the end of the fixed term (paying rent for the full fixed term) or serve notice after it ends and during the periodic tenancy.

Paul_Jones_1984

Girlfriend moved from a private rental house near Leeds. The new rental house is in South Wales. I was working near Leeds when we met. But my parents live in South Wales and I work here now.

I know she claimed LHA in Leeds, but maybe the rules are different in Wales?