Rented House advice

HampshireH

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steampowered wrote: »

See http://www.landlordlawblog.co.uk/2012/02/29/what-happens-if-the-tenant-gives-notice-but-then-doesnt-leave/

This suggests that the tenancy will have come to an end, even though the guest is still in the property.

Would it not be the case that, once the tenancy comes to an end, the Op is no longer liable for rent? At which point the girlfriend will be a trespasser/excluded occupier?

No doubt the Op may have breached some clauses of the tenancy agreement if he fails to return the property with vacant possession at the end of the lease, but could be an option worth considering if the girlfriend refuses to leave (as it is clearly not feasible for the Op to keep paying the rent indefinitely)?

I am not sure the Op could apply to court to have the girlfriend evicted from the property in any event - wouldn't the landlord have to do it, if it came to that?

I'm not sure it is correct that the tenant is liable for double rent if the girlfriend refuses to leave in this scenario - the girlfriend is not the tenant (see http://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/).

Worth the Op getting some proper legal advice if the girlfriend refuses to leave.

* OP Gave her a key
* OP Chose to move out
* OP chose to sublet (potentially)
* OP Chose to allow her to move in and pay nothing
* OP may by the sound of it be offering her an extended stay
* OP is 100% Liable for someone who may become their tenant
* OP will be footing all LL costs for breaching the tenancy, failing to inform and then allowing this situation to take shape.

Paul_Jones_1984

Sorry, I didn't mean to sound like I was ignoring any advice given on here. I'm very grateful. I was just adding what my colleague advised.

If you meant about becoming her landlord, then yes, I would go through that process if needed. But girlfriend is not going to give me any money. I'm absolutely certain of that. She doesn't have any money to give me.

HampshireH

Paul_Jones_1984 wrote: »

Sorry, I didn't mean to sound like I was ignoring any advice given on here. I'm very grateful. I was just adding what my colleague advised.

If you meant about becoming her landlord, then yes, I would go through that process if needed. But girlfriend is not going to give me any money. I'm absolutely certain of that. She doesn't have any money to give me.

So why would you want to be landlord to someone who won't pay any bills. You are going to have to pay for the duration of this tenancy unless you can get out of it.

Your name is on the contract. You have 9 months of council tax bills, gas/elec/water/gas safety certificate/repairs insurance etc and rent to pay on a property you arent living in whilst choosing to allow someone else to live in your house.

You are also supporting 2 kids who are not your responsibility. May sound cynical but I imagine this isnt the 1st time she had played this game. She sounds like a pro

bobbymotors

op...grow a pair

get all your furniture out

get utilities paid up to date and disconnected

chuck her out...she has no tenancy, no money has changed hands

change the locks back

pay your rent until the agreement ends

or...

be poor.

Paul_Jones_1984

HampshireH, sorry I think there's been some confusion. I haven't offered girlfriend an extended stay in the house. I allowed her to move in, obviously. But I haven't offered her anything in writing about the house. All the utilities are in my name.

HampshireH

Paul_Jones_1984 wrote: »

HampshireH, sorry I think there's been some confusion. I haven't offered girlfriend an extended stay in the house. I allowed her to move in, obviously. But I haven't offered her anything in writing about the house. All the utilities are in my name.

You have..... you moved out, allowing her to change the locks, "borrow" your furniture etc and now say you are prepared to do the landlord thing.

Doesnt need to be in writing.... your actions have implied she can stay and you will pay because you are legally obliged to do so. She knows this.

Also is this all hypothetical as you are referring to her as you G/F not your ex?

Ms_Chocaholic

What are you concerned about OP that is stopping you from acting?

Paul_Jones_1984

Bobby Motors,
Thanks for your advice.
My concern is being accused of harassment etc.
My colleague's brother is a police officer and his advice was not to visit the house without girlfriends agreement. He also said worst case scenario on taking his advice would be a CCJ against me. But harassment charge would be criminal, with serious implications. I have a job and family in the USA etc. Criminal record would be a disaster for me.

Paul_Jones_1984

Hampshire,
She is ex GF, I was just being too lazy to write that bit each time.

Well, she's an ex in the sense that I have left the house and the relationship appears over.

G_M

I give up.

OP is not interested in advice even when it is pretty much unanimous.

He ain't going to 'grow a pair'. He's going to bury his head in the sand and leave it there till the courts drag it out to face the music.