My tenant’s grandson is moving in?

Reply to the comment left by Ian Narbeth at 13/12/2023 - 12:52
Interesting Ian. If the grandson became an agreed PO by amendment to the AST, then surely this would mean he is going to be there on a more permanent/full time basis by default? Otherwise there would be no need for him to be listed as a PO as he would just remain as a 'visitor'

If a LL agrees to amend the AST to make note of a PO then again as the LL still has to carry out a right to rent check - again this implies they are being checked against a pre-requisite that is over an above that required for a visitor.

How could you insist that the tenant and her grandson sign a new joint tenancy (assuming jointly and severally liable basis) unless you did a full credit/affordability check on the grandson first?

How could you state the tenant was in breach of her tenancy by allowing the property to be the main home of the grandson unless you has evidence he was using it as such?

The government’s model AST permits the tenant to live on the property with children under the age of 18 at the start of the tenancy.

It also says the tenant should seek the landlord’s permission to move additional people into the property. I’d make it a condition of my permission that the newcomer is added to the tenancy as a permitted occupant.

Also, the model agreement reminds us that right to rent checks need to be undertaken on any adults in the property. If it is a lodger, it’s the tenant’s responsibility but I’d be more comfortable doing it myself.

If the tenant refuses a new AST with the permitted occupant, I’d consider increasing the rent at the next review.

Divorce and separation, selling a property can take months sometime even years if one of the parties does not want to move out of their home house

He is not DIRECT family her children are,

He could become as squatter if the grand died.

You must protect your legal perspective to cater for unknown eventualities.

You could look at it a different way, if he was paying rent to his grandmother, that would be subletting.

Often, these things are resolved by doing a visit and having a conversation, so that all parties understand the legal perspective that the landlord has to consider. In a high percentage of a solution can be found..

Strongly advise you seek a experienced legal to sort , you can be in a real legal hole if you don't get the appropriate advice.

The tenant is a model tenant as you describe, you also know the situation why the grandson is there, so doing anything will escalate the situation to something. Are you renting out on the premise that you will end in court battling to get your property back for the need to make contract amendments on a temporarily situation? In this case I already think you have a problem so just issue a section 21 notice. Why would a 70 year old person move out of the house?

Reply to the comment left by Ian Narbeth at 13/12/2023 - 12:52
Is an OP (by default of them not being named on the AST as an actual tenant) deemed always to be a temp resident then?

I thought that once the OP is given permission to live in the property (with the existing tenant) then they can stay as long as the tenant - so that would assume more than temporary?

Can you advise on the legal distinction then between an OP and general visitor then if both are temporary?

Also if the existing tenant is claiming CT reduction being a single occupant, if the OP then uses this as their main perm residence then the tenant should be informing the council of this so ending the single occupancy reduction.

Reply to the comment left by Reluctant Landlord at 13/12/2023 - 15:48If the AST is like Graham Bowcock's then the grandson is permitted to live there as his main home. The test of whether the property is being used as a main home is a factual one and may be a question of fact and degree (as the judges say). For example, someone staying with his gran four or five nights a week because his workplace is nearby but who returns at weekends and for holidays to a home he owns or rents in his own name would not be treating the house as his main home. However, if he gives her address to HMRC and has his bank statements sent to her house but stays at his girlfriend's house at weekends, it probably is his main home.
You are right about single person CT reduction.

Reply to the comment left by Easy rider at 13/12/2023 - 17:12
Questions ..

1. I am assuming it is perfectly acceptable/legal to charge £50 to amend the AST to then include the reference to the PO?

2. What other checks on the PO are required (other than a right to rent)?

3. Is it also possible/reasonable to also now increase the rent as there are now two people in the property as opposed to one originally?

4. If you increase the rent then it should surely follow that you could then request a further payment towards the deposit (also increased to match the now 5 weeks new rent equivalent?)

Whack the rent up on account of increased wear and tear. Good opportunity to do it.

Reply to the comment left by Harry Chunk at 16/12/2023 - 09:18
I have had this several times - once was an elderly lady tenant (grandson) and another with young couple (husband's half sister having issues with her mother).

First thing I do is find out if the tenant actually wants her grandson living there - she may be under pressure from him or other family members. (Is he sleeping on the settee or is there a separate bedroom?) I suggest speaking to her in confidence while he is at work. You don't want to get involved with their family issues, but sometimes a bit of history could be helpful. Then arrange to see her and him together - tell him he has to bring R2R documents (it's the Law - so no arguments). This is also useful in establishing that he is actually the grandson. I had the situation once where a 'grand-daughter' was actually an unmarried daughter's partner's daughter - and although it was a long established relationship - she was not a real relative. So then find out - from them both - how long he is going to stay. Tell him that he has no legal rights as his gran is the tenant., and that you are not going to put his name on the Tenancy Agreement. If you think that Gran is being leant on to house him - tell him firmly that this is going to be a temporary arrangement, and that you will be visiting regularly to check he is behaving himself. The threat of frequent visits might just make him speed up his current situation. Of course, it is possible that your tenant is happy to have some company and he is quite helpful.

And the last thing you want is to find out - six months later - that he has moved his new girlfriend in.