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?

[TerribleCustomerCervix]

Raise her rent due to the 2nd person increasing bills

Yes, and the extra wear and tear on fixtures and fittings from a whole extra person who isn’t paying rent!

Cheeky fuckers! Poor Betsy, I really feel for her.

[cerseii]

@JustLyra people are advising the police as he possibly isn’t allowed there under COVID guidance, some forces will treat breaches more seriously and issue fines.

Under the current lockdown, he isn’t allowed over unless she’s his bubble. Considering they’re not going over to his house, chances are he’s not entitled to a bubble as he probably doesn’t live alone. She can’t have a bubble as she’s in a HMO

[Lockheart]

A lot of advice on this thread is spectacularly shit and comes from a place of staggering ignorance about tenancies and the law.

[TheOriginalMrsMoss]

Install a Ring Doorbell. For the safety and security of the all-female household. There will then be irrefutable evidence of the number and duration of visits (from unwelcome live-in boyfriends).

I would imagine this could be considered sub-letting as he's there so frequently.

[justilou1]

Can you send an email to Betsy stating that the only way you can get Police to come and evict boyfriend is if she feels unsafe. Then ask her does the boyfriend make her feel unsafe?

[Lockheart]

@TerribleCustomerCervix

Raise her rent due to the 2nd person increasing bills

Yes, and the extra wear and tear on fixtures and fittings from a whole extra person who isn’t paying rent!

Cheeky fuckers! Poor Betsy, I really feel for her.

Yes and once you've (illegally) raised the rent and (illegally) started charging him bills then you'll really have legitimised his stay and cemented his place as a tenant in law.

It's a huge own goal to start trying to charge for him. A) you can't unequivocally change the terms of a contract and B) if you're treating him as a tenant then he has rights as a tenant and will be even harder to get rid of.

Please think for 30 seconds before you post.

[SandAndSea]

Check your insurance to see if you have any legal cover. Might be worth a chat with a lawyer.

[Precipice]

Not only can OP not just raise Ann's rent without a new rental agreement, there's no indication of "2nd person increasing bills". Most tenants pay their own bills. If there's been a noticeable increase in the bills and Ann and the boyfriend have not started paying more, that's a problem, but otherwise the increase in bills is nothing to do with the OP, since OP doesn't say that she herself pays them.

Suggestions that OP keep going around non stop are also not reasonable. Even if OP had the time, you have to give advance notice, because tenants have a right to peaceful enjoyment of the property and a family life.

Your "rules" about how often someone can have someone sleep over are also not enforceable. That's not in the gift of the LL.

Threatening notice if the situation is not changed seems the only practicable approach. The idea of you calling the police on a tenant's guest is ludicrous.

[Lockheart]

@justilou1

Can you send an email to Betsy stating that the only way you can get Police to come and evict boyfriend is if she feels unsafe. Then ask her does the boyfriend make her feel unsafe?

And that will be a lovely paper trail for when the police come for you for wasting police time...

[icelollycraving]

Poor Betsy. She wants you to take action. You need to go there as a surprise visit (if that’s allowed). Don’t accept rent from him either as a pp suggested. You’ll never get rid. Just give her notice. Can you change the agreement on house rules? I have no clue on legalities.

[cerseii]

@Lockheart calm down, this isn’t a legal advice board and no one made you a moderator

[senua]

You've heard from Ann and Betsy. What do Charlotte and Daisy say?

[SerendipityJane]

@justilou1

Can you send an email to Betsy stating that the only way you can get Police to come and evict boyfriend is if she feels unsafe. Then ask her does the boyfriend make her feel unsafe?

Yeah, make the victim suffer here and do the legwork.

It's like the past week hasn't happened.

[NoSquirrels]

Betsy is now asking me what she should do if he is still there this evening.

Ask Betsy to video call you with Ann & her BF, so they can all hear you.

Who occupies the other rooms? I think you need to have a house meeting.

If I were Betsy, I am afraid I would be moving on.

You need to issue Ann with notice, regardless. Tell her that as she obviously does not wish to live in a female-only house share situation, she needs to be looking for her own accommodation with her boyfriend. Say that you would appreciate a swift resolution to this issue, and therefore as soon as she can find a new tenancy you are happy to discuss notice periods, as you will be as helpful as possible if she can move out soon.

[Lockheart]

[quote cerseii]@Lockheart calm down, this isn’t a legal advice board and no one made you a moderator[/quote]
It's a good job I'm not moderating then.

People are giving the OP outright illegal advice which is supremely unhelpful to her situation. And she has asked for advice, not for fantasy dramatic scenarios.

[JustLyra]

[quote cerseii]@Lockheart calm down, this isn’t a legal advice board and no one made you a moderator[/quote]
People are giving the OP downright illegal advice that could get her in a world of shit if she follows them.

Pointing that out isn't being a moderator.

[SerendipityJane]

If I were Betsy, I am afraid I would be moving on.

This thread really should be pinned together with the thread about misogynistic women ... why the fuck should the victim have to accommodate what is in effect their abuser - because frankly I'd call Anns behaviour abusive as a fellow tenant.

[tellmetologoffIamaMNaddict]

@Bananalanacake

When I was a lodger in a young couple's home their rule was 'all visitors to be off the premises by 10PM' of course this translates as 'no visitors staying overnight at all'. I was very happy with this, at the time I had an older boyfriend who was unbearably shit in bed, I'd have made that rule up if it didn't exist.

Thanks for giving me my first proper laugh of the day

[NoSquirrels]

Suggestions that OP keep going around non stop are also not reasonable. Even if OP had the time, you have to give advance notice, because tenants have a right to peaceful enjoyment of the property and a family life.

It's a HMO, so the rules are slightly different to tenancies on self-contained properties. Landlords can let themselves in and enter communal areas without prior notice, just not bedrooms.

[Graphista]

I would put a ring camera on the door

Excellent idea in the circumstances

[notapizzaeater]

@Graphista

I would put a ring camera on the door

Excellent idea in the circumstances

Brilliant idea 😀

[FirstAvenue]

Thanks for all the comments and thanks for the understanding. It's difficult to include all relevant facts, but for clarity, there are currently four in the house, yes I pay the bills, and Charlotte and Daisy are OK with the situation.

I too had thought of calling the police but I would have struggled to say what offence he had committed. The only thing I could think of was "trespass, i.e. refusing to leave having been asked to leave in a reasonable manner". I had already said to Betsy that if she felt threatened in any way then she should call the police, but I don't think it has reached that stage yet and obviously I am trying to avoid that.

Ann has previously said she will move out as soon as she can as long as the boyfriend can stay in the mean time but I have insisted that house rules are adhered to for the remainder of her tenancy.

I do have friends in the area and they are willing to help but we are just not sure what we should do next.

[NoSquirrels]

@SerendipityJane

If I were Betsy, I am afraid I would be moving on.

This thread really should be pinned together with the thread about misogynistic women ... why the fuck should the victim have to accommodate what is in effect their abuser - because frankly I'd call Anns behaviour abusive as a fellow tenant.

I'm not suggesting Betsy SHOULD have to move on. I am saying that in Betsy's situation, I would be looking to move.

If awful boyfriend goes quietly, Ann is still going to be a pissed off flatmate.

If awful boyfriend refuses to leave and Ann stays for another 6 months till she's out, it will be an awful place to live.

There are not many ways a landlord can deal with that, practically speaking.

So if I were Betsy I would leave because the alternative would be shit. I'm not saying she SHOULD have to accommodate anything, but she inevitably now WILL end up on the shit end of whatever happens.

[Potterylady13]

Betsy should not have to deal with this and you have broke your agreement with her so she should be getting her room rent free while you sort out Ann and her boyfriend- new rule for Ann as she has broken agreements NO boyfriend to stay and given notice to leave. Also send bill for additional nights boyfriend has stayed at triple cost . Sorry but you are responsible as the landlord.

[icelollycraving]

Has he actually moved in unofficially?