single occupancy

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Re: single occupancy

Postby MacadamB53 » Sun Jun 15, 2014 11:56 pm

Hi Urge,

I have evedence that surgests...

evidence proves, otherwise you're being selective.

Kind regards, Mac
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Re: single occupancy

Postby debih » Mon Jun 16, 2014 8:20 am

It is very difficult to prove whether someone else is living at the property or just visiting. It needs to be their main address (ie used for all their correspondence, electoral roll, etc) - you can check for peoples addresses online (yahoo, white pages, etc) but you would need to know his full name and unless it is a very unusual name it can be very time consuming and not always conclusive. Alternatively you could contact the council tax office and express your concerns to them and let them do the leg work (if your tenant is claiming single occupancy they would be quite interested if in fact someone else is living with her).

Maybe, if you are really unhappy with the situation of the boyfriend staying over the best thing to do is to serve notice on her and start again with a new tenant. How long is the tenancy agreement for and how much notice do you have to give?

However, if you are letting to a single person then the chances are they will also have friends staying over. I know that your issue relates around this chaps work (and I agree, it probably is much more convenient for him to travel to work from her place rather than his) so maybe a different tenant would be best.

But be aware that different tenants bring different problems (I used to be a letting agent so have heard them all).
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Re: single occupancy

Postby Urge38 » Mon Jun 16, 2014 8:48 am

The tenancy agreement is for one year. They are about three months into that.

I have done some reading on the web. Mainly forums.
there was a very similar case were some very interesting points were raised.

Quite a few people both on my thread and also the other similar thread. Said it is the tenants home and the tenants right.
ignoring the tenancy agreement for now.

but in a situation were you are a landlord say renting a room in a house of say four rooms.
each to separate people. So a multiple occupancy.

Each of the four tenants e pressed there so call right to live with a partner.
Get the picture

second point that was raised. One that is far more alarming.
If a person (not the tenant) lives at a address. This then becomes there home.
that can bring with it rights.

rights to someone who is not your tenant.

Anyone care to comment ?
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Re: single occupancy

Postby COGGY » Mon Jun 16, 2014 12:05 pm

Hi Urge

If the tenancy has runfor three months then it is time for an inspection, which must be carried out legally. Whoever does the inspection will surely be able to assess if the chap is living or visiting by the amount of their stuff about the place. Then you will be able to better assess the situation.

Kind regards
Coggy
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Re: single occupancy

Postby MacadamB53 » Mon Jun 16, 2014 12:43 pm

Hi Urge,

but in a situation were you are a landlord say renting a room in a house of say four rooms.
each to separate people. So a multiple occupancy.


this is my understanding.

are you looking into whether the boyfriend makes it multiple occupancy? (that hasn't been made clear)

if so, I think you have misunderstood the meaning - it is how many tenants/rentable units as far as I'm aware.

Kind regards, Mac
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Re: single occupancy

Postby Urge38 » Mon Jun 16, 2014 1:00 pm

ok
A inspection is no way to say/prove anything other than the sate or condition of my property.
besides, if the tenant wished, they could simply remove all signs of his belongings

saying that, my next step is to do an inspection, BUT only to gain an insite of how they are looking after my investment.


My point of multipal occupance, was to show if each person had the right to have a live in partner, how a four bedroom house, with four tenants would soon turn into a house with eight people living there


OK so I have spent this morning talking to my letting agent and there legal team,

My concerns are justified and I urge anyone to consider this.

The agents manager advised me of this,
Yes a single occupant is just that, single,
yes they are intitalled to a guest or visitor But have TOTTALY advised AGENTS allowing the same visitor to stay more than 3 nights for any given week.

They when on to say that Local offority and housing assouation all work on the same princable.
If I aloud this to go on (overnight visits of more than 3 days in any one week) the property would become the home of the boyfriend as well, and that in turn COULD bring me more complications.

Then there is issues of councle tax etc etc

so Going on what I have been told today, dont do it,
dont let regular visets become a possible problem,
Besdides what do I get out of allowing it, I have my tenant
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Re: single occupancy

Postby COGGY » Mon Jun 16, 2014 2:22 pm

Hi Urge

Earlier in the thread you stated that the chap stayed over three nights during the week and the couple went away every weekend. According to your latest information then this is ok. I am trying to understand your point. If you are not happy with your tenant then the best way forward may be to terminate your agreement. I believe in our case we would need to give three months notice. I am not absolutely certain since all that would be dealt with by the Agents and we hope they stay a very long time as they are brilliant tenants. If they wish to leave they need to give less notice than we are contracted to give them. That is written into the Contract. We have found letting to be a really positive experience and are sorry you feel differently.

Kind regards
Coggy
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Re: single occupancy

Postby Mojisola » Mon Jun 16, 2014 4:20 pm

Urge38 wrote:I have an annex next to my house that I rent out.

well low and behold its starting back up again, the boyfriend leaves for work from the annex and returns from work to the annex three nights in the 5 day working week

he is said to have his own place, and they both go there over the weekend.


Isn't it a bonus to have the annex empty most weekends?

As he is only there three nights and they are away over the weekends, the wear and tear on the property is much the same as one person living there seven days/nights a week.

As long the rent is paid and the property is being kept in good condition, I'm not sure why it's worrying you so much.
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Re: single occupancy

Postby MacadamB53 » Mon Jun 16, 2014 4:31 pm

Hi Urge,

the property would become the home of the boyfriend as well, and that in turn COULD bring me more complications.

the occupant would only present a real problem if your tenant left and he tried to stay put after +10yrs occupancy...

All my non-expert, unqualified understanding.

Mac
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Re: single occupancy

Postby jonahinoz » Tue Jun 17, 2014 8:50 am

Hi,

My UNDERSTANDING is that ALL recent tennancy agreements are ASSURED SHORTHOLD (is that the right word ... my mind went blank) which means the tennants have right of tennure for 6 months. They can be evicted without reason with three months notice ... which means that you can give them three month notice after they have been living there for 3 months. All that was gleaned from a Reader's Digest DIY Law book, that is many years old, but is in agreement with other stuff I have read. Maybe a Google for Assured Shorthold will give more information. Whatever, I am happy to reasd more here, and learn from it.

You still cannot evict without a court order, but the Assured Shorthold system has a "fast track" court procedure. Your tennant(s) appear to already have alternative accomodation. Do not give any illegal reason for terminating the tennancy ... race, religion, gender, etc. You do not need to give ANY reason.

Is your annex, completelly seperated from your main house?

John W
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Re: single occupancy

Postby arsie » Tue Jun 17, 2014 12:01 pm

Ok so much for the law and worst case scenarios.

But what is happening here is (probably) a girl and boy in a relationship exploring how long they can live together at close quarters. Or not even thinking about it. Both have some 'alone' time and they are happier to do that and bear the (greater) expense of running two places to live, for now. This is just young love and they are not jumping into a full time together 24/7 shared life but being cautious. This situation might go on for some time yet I would think and I doubt they have even thought about all the possible legal/letting/squatting implications that we are all worrying about.

You are a neighbour Urge, as well as landlord. Have a chat with her and get to know her a bit and show an interest. If you can get her to talk about the situation I am sure it will turn out to be something like what I see and not an attempt to set up a squat. I really don't think you need to worry whether it is 3, 4 or 5 nights a week. If less, no problem. If more, they will probably move on to somewhere big enough for two. If your Assured Shorthold Tenancy is coming up to the mid point you can legitimately ask her what her intentions are as far as continuing and on what basis. A gentle chat about boyfriend, who you can't fail to have noticed, staying - maybe they will be looking for somewhere bigger on a shared basis ;)
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Re: single occupancy

Postby MacadamB53 » Tue Jun 17, 2014 12:45 pm

Hi arsie,

great post!
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Re: single occupancy

Postby arsie » Thu Jun 19, 2014 2:29 am

Thank you.
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Re: single occupancy

Postby evca » Fri May 06, 2016 11:22 pm

Hi

If you take action for breach of contract, the court will decide. It can be costly and not worth it, especially that if your tenant lives in an annex, her rights are limited (it is not an assured shorthold tenancy, in case the agent made you think so...).

Is the presence of the boyfriend disturbing or just inconvenient?
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Re: single occupancy

Postby spuds » Tue May 10, 2016 8:29 am

www.landlordforumproject.co.uk/
think you should ask your question on this site
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