Evicting a partner not named on tenancy agreement

theartfullodger

Who is "He"?  Tenant or partner, please?

swingaloo

RHemmings 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. 

That has to be the worst suggestion ever.

northwest1965

theartfullodger said:

Who is "He"?  Tenant or partner, please?

He is the partner

Alderbank

So the landlord knows about the partner and doesn't mind, and the tenant wishes to remain in the property.

That does simplify the problem. Understandably the landlord doesn't want to interfere. He is not going to do anything, he doesn't want to be seen changing the locks, strong-arming anyone out of their home, etc.

The tenant is in a fairly strong position. As long as the tenancy lasts it is her home for herself and her child. Her situation is the same as if she owned the property. She can legitimately throw him out and change the locks. Is there any element of domestic abuse? Even if not, if he makes a scene over being locked out she can ask for police help and they will make sure he goes away quietly. If he tries to return they can and almost certainly will arrest him.

_Penny_Dreadful

northwest1965 said:

Emily_Joy said:

More info required. Has the landlord agreed in writing to the partner staying there?

It's England.

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.

The soon-to-be-ex has no automatic right to occupy the property arising from your relative’s tenancy. The partner is most likely a bare licensee and is therefore only entitled to remain the property as long as your relative gives him permission to do so. Your relative just needs to give her soon-to-be-ex reasonable notice and then out he goes. 

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_tenants/housing_rights_if_one_partner_is_the_sole_tenant

Emily_Joy

northwest1965 said:

Emily_Joy said:

More info required. Has the landlord agreed in writing to the partner staying there?

It's England.

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.

Based on the above, the landlord is not likely to be interested in getting involved in any way. He is concerned about the rent being paid on time and property being kept in a reasonable condition. Tenant's argument with their partner is none of his business. 

RHemmings

northwest1965 said:

RHemmings 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. 

That isn't how a tenancy agreement works

If the landlord knowingly receives rent money from someone not on the tenancy agreement, that creates a tenancy for that person. It won't be clean for the person on the tenancy agreement, and I could have been clearer about that, but it will be a very different situation from what it is currently. 

I'll point out that I have been in a similar situation, but managed to work it out. However, being potentially responsible for someone who potentially might want to inflict as much damage on you as they can (though this didn't happen to me) is a scary emotional place to be in and getting out of that situation is important.