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Carryon Regardless

'Inferred' Tenancy

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I have a S21 expiring at the end of July and there is great possibility that I shall progress to court.

To explain further a T has asked that I 'amend ' the existing AST to include his g'friend who is also his G'tor. In principle there would be no problem there as being T would carry the same responsibilities as being G'tor anyway. I being conscious that she has clearly now sold her home and thereby reducing her value come claim time doesn't really change things. In my favour she does however have responsible position in a bank.

But on checking the flat out there is damage, as I don't carry out check ins I realise I would be stufffed, but there are also arrears. My view is that prior to creating a 'new' tenancy (not an amendment) the old should be closed out properly. That is repair the damage (in the low £hundreds) and clear the arrears. I have suggested that the deposit comes to me and that takes care of the damage (me keen to close out existing deposits anyway), this is because I can make effective claim on the arrears if need be, As this has not been acted on by he I feel there is reluctance to release the deposit.

Now the rents have been paid from the G'tor, in her name from her workplace. This in your view Grampa would infer that she already has a granted tenancy. My S21 of course only names he as tenant. How would a court view this if defended?

My view in these situations is that any monies paid are on behalf of the tenant and any arrangement between them isn't my business.

I am also of the view that should I as LL reject payments, and I'm not sure how this would be done due to the payments being bank transfers, that I would be viewed as being in the wrong.

Where rents for other tenancies are paid direct by HB have we inferred a tenancy to HB?

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Some very good questions are raised here and my opinion my be different to others/solicitors.

First there is nothing wrong in accepting rent funds from a third party but if that third party happens to be living in the rented property full time that's where any problem could arise. But that is only if the tenant realises there is a possible argument in their favour and decides to defend any eviction on those grounds. If it was me I would swear blind I didn't know she was living there and was only aware she was an occasional guest of the tenant.

My Tenancy agreements state the below to protect the landlord in these type of situations

Any person paying the rent, or any part of it, for the property shall be deemed to have paid it as agent, for and on behalf of the Tenant which the landlord shall be entitled to assume without enquiry.

Remember you are in charge and should dictate any request to any changes to the current set up. So make it clear if you chose to agreeing to the girlfriend being granted a tenancy you would like all issues relating to deposit, damages and arrears resolved first, followed by whatever manner you chose. If you do this in writing you have it on file that you haven't agreed to a tenancy yet, But as you have a valid s21 in place which you may be acting on that could be used as a argument that you have put conditions on the s21 and make it invalid. (not sure how valid an legal argument that is)

That being said I am always of the view of keeping things simple. So you are undecided weather to grant a new tenancy and may evict in july so you can tell the tenant you will consider the request when the current tenancy comes to a end but in the meantime the arrears/damage needs to be resolved. Any further rents received make sure a receipt/email in on file stating it is for the tenant.

If it comes to eviction treat it and any paperwork as one tenant as I understand the bailiff would remove anybody else in the property. Remember as far as you are concerned the girlfriend is a guarantor and not a tenant and you have paperwork to proof it and though it may have been discussed she was to become a tenant it wasn't agreed.

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Thanks Grampa,

To aid my situation a statement was made to another T,although only verbal, that the gf only visits 3 nights a week and is residing at her parents. I am sure this would be declared and signed by 'other' T.

Should there be a defence of the gf being T I would have thought my periodic rental statements naming the 1 T and delivered to him would stand me in good stead, No issue has been raised and the last was delivered and witnessed 30th May.

I think this tenancy is now broken as the day after I had the cheek to request the outstanding rents the T accused me of smashing a glass coffee table by slamming down my reporters notepad. I did intentionally demonstrate some anger but I challenge anyone to smash such with a pad and for it only to fall through later.

It keeps life interesting I suppose.

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