How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6650
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

my daughters boyfriend (17yrs old) is having problems at home

Customer Question

my daughters boyfriend (17yrs old) is having problems at home (parents split up and his mum is nasty to him because he sees his dad) i have allowed him to stay with us, rent free. my landlord has sent me a letter saying i am in breach of my tenancy by having 'sub-let' or 'parted possession with some of the above property'. he wants me to rectify the situation and in future i am only allowed members of my immediate family in the house. is this legal? i have a shorthold tenancy agreement and have rented from him for just over 5 years. thank you!
Submitted: 2 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

What does the tenancy agreement say about parting with possession and who is permitted to occupy the premises under the tenancy agreement?

Tom
Customer: replied 2 years ago.

i don't remember it saying anything about it apart from no sub-letting. he never did give me a copy of my agreement. i will be asking him for it but wont be surprised if he doctors it!

Expert:  Thomas replied 2 years ago.


Hi

Thanks for your patience.

If it’s a standard AST then it will likely say that you should not sub-let or part with possession of the any part of the property. It may then state who are to be the permitted occupiers.

If it is the case that there is a “not to part possession” clause in the tenancy then technically you are in breach of the tenancy agreement by letting him stay there unless you have the consent of the landlord.

If he moves out within a reasonable time of the landlord informing you to rectify the breach then this will not be serious enough for him to serve you with a s8 notice to evict you citing the breach of a material term of the tenancy agreement.

However, if you do not agree to get him to move out you might find that the landlord does serve you with the s8 notice and attempts to evict you at a court hearing. You should avoid this happening obviously by being proactive and communicative with the landlord about getting him to leave.

It may be that the tenancy agreement is silent on the points of who is permitted to occupy but my view is if there are members of your family living there who are not named on the tenancy then effectively the landlord has affirmed the technically breach by not doing anything.

In the case of your daughter’s boyfriend though if he has objected and there is a parting with possession clause in the agreement then you will have to comply, otherwise you risk eviction.

Sorry it could not be better news.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for all this info. would it be possible to email it to me, please? i'm using my phone at the moment and i might lose it!

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1291 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor