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New tenancy in my name but ex girlfriend wont leave property


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Hi All

 

Im after some advise on where i stand, i have just started a new tenancy agreement for a property and its in my name but i have left my girlfriend and had to move out now she refuses to leave the property (she has a son) wher do i stand on either having her removed or possibly having the contract moved to her name ?

 

Thanks

Simon C

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I don't think that the Shelter link will be of much use as this is info about landlords evicting tenants. The op is not the landlord of the property and his ex is not a tenant.

 

The easiest thing would be for the ex-girlfriend to take over the tenancy and this could be done but the landlord would have to agree. The best thing would be to speak to your landlord, explain the situation and ask if he is willing to let your ex be the tenant bearing in mind that she was and is still living in the property.

 

What is her financial situation? Can she afford to pay all the rent herself or would she have to make a claim for housing benefit/local housing allowance? Did you have to pass any credit checks, if so would she also pass these checks? One of the main considerations for the landlord will be will the rent get paid if that person became their tenant.

 

Here is a link for Shelter with relationship breakdown and renting advice: http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_tenants

 

I would give them a call though as if you are on a fixed term tenancy this could cause a lot of problems as you would not simply be able to give notice now and end the tenancy that way.

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Shelter seems to have zero customer service as ive been phoning them for 3 days and get the same quote "number is busy please see our online service or blah blah blah".

 

Ok so an update i want my ex out of the property but i have been informed i need a solicitor to have her evicted (following a court procedding and eviction notice which will take ages and frankly money i dont have) ??

But the whole time im not at this property and its in my name with the rental agency wanting me to pay the rent what can i do to get her out and end this mess??

 

Any help appreciated simon

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If the tenancy is in your name only, then she is your lodger (also known as an excluded occupier). This means that you can simply change the locks while she is out, and she has no right to return.

Alternatively if she wants the contract in her name, that is something that you will have to negotiate with your landlord, she will have to agree and sign. You will also need to be sure to obtain a deed of surrender from your landlord so you have proof that you are no longer liable for the rent.

 

P.S. Shelter are a charity, and have incredibly stretched resources, you will have to be patient.

Edited by xoAmyox
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Ok i would to do that but i have to work and cant get there that easily without her knwoing she is always in and doesnt work.

Can i not give notice of end of the tenancy and let the land lord deal with it? its a shorthold ageement.

 

The rental agency told me its my problem but im going to be chased for the rent if its not paid!

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Phone the police, tell them you have an intruder in the house, get them to remove her?

You live there - she's trespassing.

She must go shopping?

 

You don't have to change the locks - just block the doors until she goes away.

Take a fortnight's holiday from work.

Carpe Jugulum

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  • 5 weeks later...

Ok so i have managed to remove my ex from the house and also sent a letter to the rental agency stating that i am giving one months notice to vacate the property.

My reply from the rental agency was shocking they refuse to take the one months notice stated i am liable up to the end of the agreement which has another 10 months to run and did not accept my offer of contributing towards re listing the property and paying the rent up untill the end of the first 3 months of the contract, i have offered all this and have not even lived in this property for the hole time. any ideas of what route i can take...

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Ok so i have managed to remove my ex from the house and also sent a letter to the rental agency stating that i am giving one months notice to vacate the property.

My reply from the rental agency was shocking they refuse to take the one months notice stated i am liable up to the end of the agreement which has another 10 months to run and did not accept my offer of contributing towards re listing the property and paying the rent up untill the end of the first 3 months of the contract, i have offered all this and have not even lived in this property for the hole time. any ideas of what route i can take...

 

Just a note of caution for future readers - I think there was an argument to be had that IF your ex was known by the LL to be living in the property, then regardless of whether or not her names on the tenancy agreement, in the eyes of the law she could be treated as a tenant just like you (probably more so as she has a kid!). Never assume someones a lodger/exluded occupier.

 

In terms of the response from the letting agents, im not sure why you are shocked at this? You have signed for a 12 month period and have only 'served' two?

 

You need to check if the contract has a breakclause - sometimes at the six month point.

 

Another option is to ask the LA/LL to remarket the property, you will be responsbile for the fees for this and the rent until (if) another tenant is found

 

The final option is to explain your cirrcumstances direct to the LL to see if you can come to a compromise.

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