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Evicting a partner not named on tenancy agreement
northwest1965
Posts: 2,063 Forumite
Some advice would be appreciated for a family member. They have a 6mth agreement due to expire end of Dec. Currently live with a partner but he is not on the tenancy agreement. They are splitting but he refuses to leave the property. What is the legal & correct route to get the other person leave? (Person on agreement has 1 child with partner)
Loved our trip to the West Coast USA. Death Valley is the place to go!
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I do not know the precise answer, but I suspect it may be useful to those who know more, if you could confirm a) which part of the UK this is in (England?), and b) who paid the rent to the landlord?2
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Person with child move out and leave the ex there for the landlord to deal with? He's not a tenant so doesn't need to be evicted but could be removed by the police as he has no right to be there. He may be more willing to move if he thinks/knows he will be arrested. But I am not a lawyer or landlord.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung
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Does the landlord know this other person is living at the property ? Did they get permission as if not, depending on the terms of the rental agreement your family member may not be popular with the landlord.
Is it a 'Single Tenancy Agreement' which states no on else can live at the property? If they are not named then they can claim to be a 'Permitted Occupier' who can lawfully stay because the tenant has invited them into the property.
Landlord will have credit checked the tenant but possibly not the other person and it may also affect the terms of his insurance.2 -
Best option IMHO is for other part of couple to remain, then landlord to go through normal s21 or s8 eviction process then come bailiffs the paperwork says "named tenant and anyone else " to go. They'll evict anyone there.
Another example of why all occupants should be named - plus more people to sue if anything owing.1 -
The above suggestions mostly involve the OP's family member moving out or being moved out. She may not want to. indeed given the state of the rental market she may be unwise to or unable to (find anywhere else at comparative price).We don't know.As pointed out we also don't know if this is England, Scotland....Nor whether the partned is a named 'Permitted Occupier', or may have gained that status eg by the LL accepting rent directly and knowingly from him.I suspect that if England, and not PO, partner simply has a licence to occupy granted by the family member (named tenant) and such licence can be withdrawn at any time. And locks changed.But I may be wrong....?And the shared child may complicate matters?1
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More info required. Has the landlord agreed in writing to the partner staying there?0
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Shelter has a very good website and Adviceline that could be called for advice.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.2
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Tell the landlord that the partner will be paying the rent from now on. Give the money to partner to give to the landlord. Let this happen a coupld of months. Then, leave the partner and landlord to it.0
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That isn't how a tenancy agreement worksRHemmings said:Tell the landlord that the partner will be paying the rent from now on. Give the money to partner to give to the landlord. Let this happen a coupld of months. Then, leave the partner and landlord to it.Loved our trip to the West Coast USA. Death Valley is the place to go!9 -
It's England.Emily_Joy said:More info required. Has the landlord agreed in writing to the partner staying there?
Partner not on the tenancy agreement has never paid the rent. It always comes from a sole bank account in tenants name. He has on occasions given money to tenant to contribute but not often.
Landlord has never agreed in writing for him to stay there but he knows he is there
Tenant wants to stay in property because of the rental market now.Loved our trip to the West Coast USA. Death Valley is the place to go!0
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