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Thomas , Lawyer
Category: UK Property Law
Satisfied Customers: 7372
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

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

Customer: replied 3 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 3 years ago.


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.

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Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7372
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 3 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 3 years ago.
I'm afraid that private contact (eg. email) is prohibited under the conditions of the site.

If you remember your log in details I'm sure you'll be able to log back in a view the thread at a later date..

Thanks for rating my answer.


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