Houseshare problems - tenant's new boyfriend refuses to leave

[FirstAvenue]

Name changed, looking for advice here. I'll try not to go into too much detail.

I own a five bedroom house in a town a fair distance away and I let out four bedrooms under Assured Shorthold Tenancy Agreements. It's an all female house as I have found that way it is generally easier to manage from a distance.

I do everything as professionally as possible, I advertise empty rooms, take references from applicants, tell them the house rules and give the tenants a proper tenancy agreement which states that they have exclusive use of their bedroom and shared use of the communal areas.

One of the House rules states: "Your room is for single occupancy only and boyfriends / girlfriends etc. should only really stay every other weekend." Now it's not that I am a prude, it's just that I have learnt from previous bad experiences that the house becomes overcrowded and untidy and generally starts to smell if the house is over-occupied. It's very hard to let a room if the house smells.

One of the girls, let's call her Ann, got a new boyfriend about six months ago and recently he appears to have "moved in". She says he has not and that she is aware of the house rules, but he is "always there" despite him living nearby. Unfortunately it is not just a case of staying in her room, he seems to spend most of the time watching TV in the living room and has even set his laptop up in the kitchen.

One of the other girls, let's call her Betsy, has complained about his continued presence. Betsy says that she took the house on the basis that it was girls only, and that she feels uncomfortable with him being in the house all the time in his dressing gown.

I've asked Ann to stick to the house rules and to make sure he only stays ever other weekend, and she has at various times in the last two weeks a) denied that he stays there in the week, b) says he does stay over sometimes but the other girls don't mind, or c) says that he is her partner and she wants him to stay as much as possible. It is clear that she is not telling the truth.

Betsy however made a further formal complaint to me last Tuesday, and after a number of texts and phone calls to Ann during which time the boyfriend did not depart, last Friday I had to write an email to Ann asking her to make sure that house rules are obeyed and that her boyfriend only stays two nights a fortnight. I did not get a reply.

Betsy went away for the weekend but when she arrived back last night the boyfriend was there and he was still there this morning. She is now dreading going back home this evening, and it is my understanding that he has now stayed there for 11 consecutive nights. Betsy is now asking me what she should do if he is still there this evening.

Does anyone have any suggestions as to how to resolve this?

I think you need to give Ann notice ASAP. Tonight. I actually don’t understand why you haven’t already, you know full well she’s breaking the tenancy rules. And putting others in an uncomfortable position.

In fact, you’re doing nothing. Let’s be honest, nothing. So issue your notice to Ann. Find another tenant

In the meantime stop charging rent to Betsy, you are no longer supplying her with what you agreed. And break the agreement. You’ve already broken it by permitting this, this allows her to move elsewhere, you will likely need to do the same for the other girls.

You should have given notice the first time you were told about this. You did not. Now is the time to pay for that. I’m sorry. But you can’t keep taking their money, sending emails and doing nothing.

Hmm. Hopefully Betsy has a lock on her door. And can get to the bathroom safely. Would be pretty awful if something happened after she'd raised concerns multiple times.
Are there really no rules about this? So if all 4 had boyfriends staying there could be 8 in a HMO licensed for 4 people, with only one bathroom? That seems unlikely. What if each tenant had their family staying with them? You could perfectly legally have about 20 living in the house. I don't believe there is no limit on this.

Haven't read the whole thread, but could you give notice and call the police due to Covid infringement?

On a side note, it's really annoying that you create a nice setup as house shares can be difficult, then someone has to go an ruin it, really annoying :(

@SnackSizeRaisin

Hmm. Hopefully Betsy has a lock on her door. And can get to the bathroom safely. Would be pretty awful if something happened after she'd raised concerns multiple times. Are there really no rules about this? So if all 4 had boyfriends staying there could be 8 in a HMO licensed for 4 people, with only one bathroom? That seems unlikely. What if each tenant had their family staying with them? You could perfectly legally have about 20 living in the house. I don't believe there is no limit on this.

If it was reported then the OP would be in the shit for having an unlicensed large HMO.

@tttigress

Haven't read the whole thread, but could you give notice and call the police due to Covid infringement?

On a side note, it's really annoying that you create a nice setup as house shares can be difficult, then someone has to go an ruin it, really annoying :(

If you set rules you need to be willing to enforce them. You cannot set them and then not do so. This is what happens. It’s not right to sell a room to someone and take their money on this understanding and then not implement yout own rules and leave the tennant screwed and living with it, and paying for the privilege.

I would agree he shouldn't be there during lockdown, however normally you cannot dictate every other weekend etc , your tenants have the right to have visitors upto three nights a week

This is true. It may be up to the other housemates to come to an agreement that it is weekends only.

@toocold54 OP isn't saying they can't have guests. Just that they can't have people stay over much of the time.

I would’t agree to the new rules, they’re not sticking to the current ones.

Give her notice.

I can't believe how little you're doing to deal with this - poor Betsy. You're the LL and should have sorted this as soon as you were asked. Crazy you haven't given Ann her notice yet or enforced the fact that the boyfriend needs to leave - no heavies required, just calling Ann up and telling her you won't stand for her lies.

I rent out three houses. One to all girls. They argue and fight like a mumsnet thread on steroids. The other two are rented to young people of varying ages, ethnicities, jobs and genders. I never hear a peep out of these two and often drive by just to make sure they haven’t been zapped into thin air.

Girls together is always going to be a problem. Move Ann on. She can’t respect the rules and give the other notice that the house will not be exclusively female from 2022 onwards.

You will have a much easier life.

Ann could have her boyfriend round for the evening every night of the week and still be following the rules she agreed to, I think. But that's not what she's doing.

To clarify the timeline, the first I heard about this was a week ago. The reason I did not give notice immediately was that Ann gave me first a verbal and then a written assurance that her boyfriend was not staying over in the week.

Lateral thought - could you temporarily sleep over in the 5th bedroom to freak the pair out by logging his presence? If you are a landlord in the house doing something relating to your professional duties that is permissible under Covid-19 restrictions.

If you set rules you need to be willing to enforce them. You cannot set them and then not do so. This is what happens. It’s not right to sell a room to someone and take their money on this understanding and then not implement yout own rules and leave the tennant screwed and living with it, and paying for the privilege.

It’s not “right”. But if the rules are not legally unenforceable in the first place then it’s an impossible situation at this stage.

The LL should not give the impression the ‘rules’ are enforceable (because they’re not) and the tenant should get clued up on what the legal situation is before signing.

@SoulofanAggron
Yes I know but OP wants visitors to only stay at the weekends and not during the week and I don’t believe she can state what days visitors are allowed to stay only that they’re not allowed to stay more than 3 nights a week. But if she spoke to the tenants they may be able to come up with a compromise that they only have visitors on the weekends.

@FirstAvenue

To clarify the timeline, the first I heard about this was a week ago. The reason I did not give notice immediately was that Ann gave me first a verbal and then a written assurance that her boyfriend was not staying over in the week.

Some people are shitty.

And when you’re nice yourself, you think a bit of a warning is enough.

Then you learn (like this situation) that some people are actually not as nice as you, and you get tougher and less likely to fall for shit.

It’s not your fault. But think if you need to proceed differently in the future.

I think it's a spectacularly bad idea to agree to that. The tenants will then think that it is up to them to make the rules. You as a landlord gain nothing and will pay out more.

Do you have a fair usage clause on utilities in your AST? (Standard for HMOs). Start charging her this as she has had 2 people using the amenities.

Does he have a key to the property? Change the locks, charge her for the privilege. Get a joiner do it, don't just change the barrel.

If it carries on, move into mean landlord mode. You are entitled to be within communal areas, so make regular unscheduled visits (or pay someone else to do it) to ensure he is not there. Message regularly to ensure he is not there, if he is, send someone round to inform him to leave, she is in breach of her tenancy agreement and you will be evicting her if she doesn't comply with the tenancy agreement she signed. You can increase rates by 10% each year, do so. Install a nest type system and put the heating on for set hours each day. Make them not want to be your tenants. I know this all sounds shit, but the way the law is at the minute gives no way for landlords to control their properties in situations like this, sometimes you need to be as shit as you can within the law.

For all those saying it's unfair to stop this- it's an all female shared house. I'd be LIVID if I'd paid for that house only to have possibly 3 other people's partners put on me constantly.

Have you reviewed your AST lately? Do so, and put in stricter rules. It's not just for you, it's for everyone in the house. Put in rules about keys, leaving other people in the house, etc. And I strongly suggest taking guarantors where possible, because I would expect that anyone you give notice to will stop paying rent immediately.

@FirstAvenue

To clarify the timeline, the first I heard about this was a week ago. The reason I did not give notice immediately was that Ann gave me first a verbal and then a written assurance that her boyfriend was not staying over in the week.

Ah ok, it sounds a lot longer than a week in your op.

Never the less you need to act now. You made the rules. You’re taking their money based on it. You either enforce the rules or stop taking their money.

@fridgepants

So everyone else suffers because one tenant is taking the piss.

If Ann and the other housemates have come to an agreement doesnt that now make Betsy the one tenant taking the piss expecting her wishes to override everyone elses, sucks to be her

You either enforce the rules or stop taking their money.

As long as they are enforceable in law or OP is going to make a right tit of herself if she ends up in trouble with the law

At the end of the day it’s your house your decision, you basically side with Ann or Betsy. So far from your posts I’m not 100% sure what you really think or want to do.

She can’t enforce the rules. Once tenants are in the house they’re in charge . I feel
For Betsy . I really do but all you can do is evict Ann. That can take 6 months at the moment assuming she goes quietly. If she waits until it goes to court the landlord could be waiting a year or more.
We rented a house to one adult and two children . At one point there were three adults and seven children in it. The tenants call the shots.

This is so confusing... you’re a landlord allowing the tenants to create new contract clauses to suit them? He’s never going to use a communal area?

You know that Betsey took this room because you offered a female only house. I think that’s the key factor here: you know there are numerous reasons a woman might require this.

I personally wouldn’t ever have moved into a rented home with these rules as they wouldn’t suit me/my lifestyle. What you’re doing is punishing and not protecting a tenant who has chosen your accommodation specifically because of the rules you set. Why does Ann get to change this for her own advantage? It’s much easier for Ann and her bf to find a mixed-sex accommodation.

Oh and don’t call the police. This is a matter for you to solve.

The only solution is for Betsy to move as the rules can’t legally be enforced.

you’re a landlord allowing the tenants to create new contract clauses to suit them?

You’re confused between the ‘house rules’ (tenants voluntarily agree to abide by these ‘best practice’ guidelines) and the legally enforceable contract.

Posters here want the OP to ‘stick up for’ Betsy in a way that is not legally enforceable and could cause more issues.

Morally - yes, female only, please don’t have blokes over too often.

Legally - move your fella in 24/7 if you’re willing to put up with a shitty atmosphere with your housemates and an eviction procedure that takes well over 6 months.