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Original poster

Houseshare problems - tenant's new boyfriend refuses to leave

647 replies

FirstAvenue · 15/03/2021 16:05

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?

OP posts:
mygenericusername · 15/03/2021 23:00

Blimey. You’re feeling brave @ConsuelaHammock. You may get your head chewed off for even daring to suggest that the problem is actually Betsy. That being said, I couldn’t agree more with you.

Pranct · 15/03/2021 23:00

So the boyfriend wins consuelahammock !

SoulofanAggron · 15/03/2021 23:01

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.

@toocold54 I think you're thinking of council accomodation or something. We have a general 'right' to see other humans occasionally, but other than that they knew the rules they signed up for and agreed to. OP is not violating their rights in any way.

oil0W0lio · 15/03/2021 23:03

I don't understand how the landlord gets to set the house rules, when I've lived in rented houses I set my own rules about how life is conducted in there if the landlord came along and tried to tell me that I should be living differently I would think they had gone mad or thought they were my mum and dad

SoulofanAggron · 15/03/2021 23:06

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

@JustAnotherPoster00 The problem is shared houses always have a turnover of tenants.

@FirstAvenue If you agree to this you will have to agree to it for the duration that any of them are living there, probably. Unless it's agreed that it only applies to Ann's boyf- which would seem random.

JustLyra · 15/03/2021 23:08

The OP’s big problem now is that if Betsy reports that she’s informed her of the boyfriend moving in then the OP is going to face issues with the HMO license.

This is a bigger problem than a pissed off Betsy.

MaggieFS · 15/03/2021 23:08

I just can't think that any good will come of letting tenants make up their own rules. You are the landlord and they knew what they were signing up to.

SoulofanAggron · 15/03/2021 23:09

I don't understand how the landlord gets to set the house rules, when I've lived in rented houses I set my own rules about how life is conducted in there if the landlord came along and tried to tell me that I should be living differently I would think they had gone mad or thought they were my mum and dad

@oil0W0lio It's not a matter of the landlord turning up and telling them want to do randomly- these are rules they agreed to on renting the room from the start.

oil0W0lio · 15/03/2021 23:09

Some people are really seriously confused about what rights a landlord has over the lives of their tenants!

Original poster
FirstAvenue · 15/03/2021 23:09

Just to say, they are all agreeing to all the existing house rules plus this extra rule. Betsy's main issue was that the boyfriend was spending time in the communal rooms.

OP posts:
oil0W0lio · 15/03/2021 23:12

these are rules they agreed to on renting the room from the start Yes I know but these rules are not legally enforceable and no one can be evicted on the grounds that they did not comply with them

Lockheart · 15/03/2021 23:12

@MaggieFS

I just can't think that any good will come of letting tenants make up their own rules. You are the landlord and they knew what they were signing up to.
It's the tenant's home, they can have whatever rules they like within the law. All the OP can do is enforce the tenancy contract - which is different from "house rules".

The tenants could implement vegan Mondays and mandatory costume film nights every 3 Thursdays if they so chose. It's their home and they can have their own house rules.

SchadenfreudePersonified · 15/03/2021 23:13

Well - you effectively have five tenants now, and not only are only receiving rent/utilities from just four of them, but from what I've read on tis thread, could be storing up legal problems for yourself.

Lockheart · 15/03/2021 23:13

@SoulofanAggron

I don't understand how the landlord gets to set the house rules, when I've lived in rented houses I set my own rules about how life is conducted in there if the landlord came along and tried to tell me that I should be living differently I would think they had gone mad or thought they were my mum and dad

@oil0W0lio It's not a matter of the landlord turning up and telling them want to do randomly- these are rules they agreed to on renting the room from the start.

You're confusing a contract with house rules. One is a legal document, the other is a list of social niceties.
LangClegsInSpace · 15/03/2021 23:15

Sounds like you're running an unlicenced HMO and don't understand what a tenancy is.

Good luck.

JustLyra · 15/03/2021 23:16

@FirstAvenue Do you actually realise the implication of five residents?

I mean you must do because presumably that’s why you only rent out four of the bedrooms.

oil0W0lio · 15/03/2021 23:20

presumably that’s why you only rent out four of the bedrooms
OP is playing fast & lose??
(what are the implications👀)

Haydugi · 15/03/2021 23:22

I think you need proper legal advice. Explore the possibility of getting an injunction to force Anna to abide by the terms of the contract?

Look into whether you could take any legal costs you incur out of Anna’s deposit?

Mamanyt · 15/03/2021 23:22

You have politely requested that Anne abide by house rules, not once, but SEVERAL times. Is this a tenancy-at-will? That is, there is no actual lease, but tenant and landlord agree that tenants occupies? If so, you may move direction to eviction...or you could in the USA. Double check this. And if you can, DO SO. If there is a lease, send her a registered letter stating that you have discussed this issue (and be specific on which issue) several times, and this is a warning that any further infraction of this rule will result in immediate eviction procedings. And follow through.

My guess is that she will get miffed and move out in a flounce. Have her room inspected immediately, as she may well damage things on her way out the door.

Mamanyt · 15/03/2021 23:23

@Mamanyt

You have politely requested that Anne abide by house rules, not once, but SEVERAL times. Is this a tenancy-at-will? That is, there is no actual lease, but tenant and landlord agree that tenants occupies? If so, you may move direction to eviction...or you could in the USA. Double check this. And if you can, DO SO. If there is a lease, send her a registered letter stating that you have discussed this issue (and be specific on which issue) several times, and this is a warning that any further infraction of this rule will result in immediate eviction procedings. And follow through.

My guess is that she will get miffed and move out in a flounce. Have her room inspected immediately, as she may well damage things on her way out the door.

"move DIRECTLY," dammit. I do my best proof-reading immediately after hitting "SEND."
JustAnotherPoster00 · 15/03/2021 23:27

@LangClegsInSpace

Sounds like you're running an unlicenced HMO and don't understand what a tenancy is.

Good luck.

A guest doesnt count as a tenant so she still only has 4 tenants no matter how many nights the bf stays
JustLyra · 15/03/2021 23:30

@oil0W0lio

presumably that’s why you only rent out four of the bedrooms OP is playing fast & lose?? (what are the implications👀)
There is a considerable difference in a HMO with 4 and a large HMO with 5
JustLyra · 15/03/2021 23:32

A guest doesnt count as a tenant so she still only has 4 tenants no matter how many nights the bf stays

The op is aware that he’s been there for 11 nights. Ann has also said She says he has not and that she is aware of the house rules, but he is "always there" despite him living nearby. and Ann has previously said she will move out as soon as she can as long as the boyfriend can stay in the mean time so the OP will struggle to defend that she didn’t know that he’s living there.

SchadenfreudePersonified · 15/03/2021 23:34

A guest doesnt count as a tenant so she still only has 4 tenants no matter how many nights the bf stays

Effectively he IS - but one that isn't being charged rent, is getting free housing and utilities and apparently can't be evicted.

boredbuttercup · 15/03/2021 23:40

Some people are really seriously confused about what rights a landlord has over the lives of their tenants!

This ^

@Lockheart seems to be the only person here with any comprehension. OP has no right to actually set house rules. She can try but none of it is legally enforceable. The tenants can set rules among themselves, as they have, but even this is a social nicety and if one of them breaks these rules it's up to the tenants to sort out between them. OP also has no right to just repeatedly show up, this would count as a nuisance and could possibly even cross into the territory or landlord harassment.

Whoever is morally right in this situation in your opinion doesn't really matter. All OP can do is give Ann notice and be more wary in future of trying to implement unenforceable rules and rennet selection. If OP goes about dealing with this illegally she'll only make more problems for herself and could open herself up to being reported.

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