Tenant without lease in shared matrimonial asset property
Discussion
My friend (call her Cathy) is currently renting a property from a relative (call him Jon) of hers who is currently going through a divorce.
No lease was ever drawn up.
The relative (Jon) is mostly out of the country, hence the reason the flat was rented.
This evening, the relative's wife (call her Sarah) appeared at the door, demanding entry to the flat and wanting to take away some furniture she claims to belong to her.
Now the way I see this is that without a lease, Cathy is technically squatting in the flat is this correct?
My understanding is that although Jon was happy to rent the flat to Cathy without consulting Sarah (his wife), and as Jon & Sarah are still married - this means Sarah has right of entry to the flat?
Sorry for what appears to be a confusing post - however I am just looking for legal clarity here.
Thanks in advance.
No lease was ever drawn up.
The relative (Jon) is mostly out of the country, hence the reason the flat was rented.
This evening, the relative's wife (call her Sarah) appeared at the door, demanding entry to the flat and wanting to take away some furniture she claims to belong to her.
Now the way I see this is that without a lease, Cathy is technically squatting in the flat is this correct?
My understanding is that although Jon was happy to rent the flat to Cathy without consulting Sarah (his wife), and as Jon & Sarah are still married - this means Sarah has right of entry to the flat?
Sorry for what appears to be a confusing post - however I am just looking for legal clarity here.
Thanks in advance.
Although the tenant doesn’t have a written contract, she does have an oral contract. Fortunately the law is very favourable towards tenants, and she will have virtually the same protections as someone who had a written lease.
It sounds like she has a furnished lease, as the relative wishes to remove furniture. As such, the furniture forms part of the agreement and cannot simply be removed. Only by negotiation, maybe by it being replaced with similar items can it be taken away.
The landlord and / or nominated representative can make unannounced visits, but usually it is preferred to give some notice. However it’s not always possible. I would say given the reason and nature of the visit on this occasion it is not reasonable. I would consider any repeat with the same intent would be a violation of the tenants ‘quiet enjoyment’, a golden right of a tenancy.
Personally I would tell the tenant not entertain the lady, tell her she cannot simply remove items under the terms of the ‘oral furnished tenancy agreement’, and not to enter the property or harass her.
It sounds like she has a furnished lease, as the relative wishes to remove furniture. As such, the furniture forms part of the agreement and cannot simply be removed. Only by negotiation, maybe by it being replaced with similar items can it be taken away.
The landlord and / or nominated representative can make unannounced visits, but usually it is preferred to give some notice. However it’s not always possible. I would say given the reason and nature of the visit on this occasion it is not reasonable. I would consider any repeat with the same intent would be a violation of the tenants ‘quiet enjoyment’, a golden right of a tenancy.
Personally I would tell the tenant not entertain the lady, tell her she cannot simply remove items under the terms of the ‘oral furnished tenancy agreement’, and not to enter the property or harass her.
Edited by Ham_and_Jam on Friday 27th August 01:03
Edited by Ham_and_Jam on Friday 27th August 01:04
Edited by Ham_and_Jam on Friday 27th August 01:04
fred bloggs said:
The fact no written lease is in place is only detrimental to the landlord, not the tenant. Monies have been paid, so the tennant has all the rights granted by law, Including the right to quiet enjoyment.
Knocking on the door unannounced is not on.
It wasn't even the landlord who knocked on the door, but the landlords (soon to be ex) wife. They are currently going through a very acrimonious divorce.Knocking on the door unannounced is not on.
The property concerned is registered solely in the landlords name.
Additionally - my understanding is that most of the divorce agreement has been worked through and the property is to remain in sole ownership of the landlord.
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