OpenRent Community

Can you have an assumed contract?

Not sure if this is the correct term but can you ever have an assumed tenancy agreement? I rented to tenant A whose partner was going to move in. According to tenant A the partner decided not to move in. However now that they have left the property many £000’s in arrears I have found out that the partner had been living in the property from day 1. Whenever we did an inspection there was no sign of the partner although we were told they visited at weekends. Obviously I now want to recover the outstanding debt that they have accrued and to sue 2 people rather than 1 should improve my chance of recovery - I hope! Is there any contract law whereby if someone is known to live somewhere they have taken on the role of the tenant and hence the same obligations even if they have not signed an AST?

Thanks for your time

you will probably have to ask a property lawyer

Hi Jayne2
I agree with Colin3. However, I suspect you have no redress on your Tenants partner as she did not sign any agreement/contract. The fact is the Tenant might have been breaking the tenancy agreement from day 1. In my view it’s always best to have good relationship with neighbours as often they are your eyes and ears for anything unusual that might be happening.

2 Likes

Hi @Jayne2, I’d agree with Colin and Ali here.