Single occupancy AST installs wife and 2 children?

Single occupancy AST installs wife and 2 children?

9:19 AM, 21st February 2023, About 2 years ago 23

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Hello, In November 2022 I accepted a new tenant on a 1 year AST. The property is a 2 bed first floor flat in a converted building.

He is aged mid 30s (I think of Nigerian origin) and doing a post grad course at a local University. Let via an agent, but I manage.

It may have seemed strange that he took a 2 bed, but I have had this before with post grads who study mainly at home, and use second bed as an office. If he had a family, I assumed they remained at home in their native country for the duration of his course, certainly no mention has ever been made of a family.

In December he advised that he would be away for a month from Christmas and visiting Australia.

On 1st February I had a message saying his family were visiting next week from Australia. I texted him back immediately asking how many were coming.

On 14th February I visited the property and found a wife and 2 children (aged 7 or 8) and asked how long they were staying – hopefully only a couple of weeks. He informed me that the immigration system in Australia was complicated and he couldn’t say!

He told me that the tenant downstairs had been banging on the ceiling and could I ask him to stop. I told him he should keep the noise to a minimum and the property wasn’t suitable for children.

I spoke with the tenant downstairs who complained about the noise (we had an unfortunate similar noise problem with a previous tenant last year, which I resolved by persuade that tenant to leave). I also advised him that the situation should be short lived, which seemed to placate him.

The downstairs tenant is a bit of a moaner, but I can’t blame him in both instances. Currently there is a war of words going on between them!!

I have spoken to the agent who knew that children were unacceptable and were unaware of the family ever coming. The tenancy is an AST for 1 year. I asked the agent whether the flat was advertised as no children, but they informed me this wasn’t possible as it is regarded as discriminatory as is no smokers. Is this correct?

They suggested I advise the new tenant that the presence of his family is unacceptable and offer an early exit from the contract but reclaiming replacement tenant costs. To resolve I’d let him go with no strings attached.

I have received a texted complaint from the downstairs flat now. I cannot inform him of the single residency situation for fear of data breach.

I have informed the upstairs tenant by text of a complaint of noise from the downstairs tenant and that the building is not suitable for children, whist a stay of a couple of weeks would be acceptable to me, no longer would be acceptable. It is obvious from the new tenant’s response that things may be heating up between the two of them.

I am seeking advice on how best to proceed initially and then if needs be, legally.

Also is it possible to advertise excluding children and smokers?

Any comments or advice would be most appreciated.

Jasper


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Nick Price

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21:02 PM, 22nd February 2023, About 2 years ago

Regarding the tenant, ask for picture ID of the wife and issue a named occupier addendum to the contract. Tell them to keep the noise down if they want to stay beyond the first year, even if you intend not to offer an extension. Tell the neighbour that you've warned them that they won't be renewed if they don't keep the noise down and that you cannot do more (they can complain to the council).

David Houghton

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21:12 PM, 22nd February 2023, About 2 years ago

1)
Placate the moaner downstairs
2) Check the wife's right to rent so you are covered
That's all you can do. If downstairs wants to make a noise complaint to the council then so be it. I do not think it will hold much sway
Try not to upset a tenant who is paying

Henry Malone

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21:13 PM, 22nd February 2023, About 2 years ago

Jasper
As long as your tenant is paying and looking after the property what's the issue.

Your original tenant if a Post Grad should posses a visa giving him 2 years to stay in the country while he studies.
If he goes for a PHD , this will last 3 years .
The visa starts from the day it was approved.
His visa document should give him the right to rent in the UK with his studies

Now you will need access to check the wife's Visa document to see if she and the children have a right to residency in the UK and to what the requirements her Visa documents state for her and the children.
Also see what dates the documents were issued.

As for renting and not wanting Children they come under the Equalities Act 2010 which legally protects people from discrimination.

As for this Tenant downstairs who likes to gripe maybe he has an issue with either the children or maybe a person's colour.
Are the tenants children being disruptive .
Kids are kids

DPT

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12:20 PM, 23rd February 2023, About 2 years ago

Reply to the comment left by Nick Price at 22/02/2023 - 21:02
Looking at ID/visa documents is no longer sufficient as a right to rent check unless the tenant is a UK national. You now have to ask for a share code and check this on the Gov't website.

Christopher Lee

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21:33 PM, 24th February 2023, About 2 years ago

Reply to the comment left by Graham Bowcock at 21/02/2023 - 11:47
"Leting on an AST gives the tenant the right to occupy the proeprty as their home. It is difficult for landlords to put (or manage) restrictions on occupation"

Do you actually know this for sure? Legally?
ASTs state who is 'The tenant' and limits occupation to said tenant.

Why do you think that's unenforceable?

Christopher Lee

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21:40 PM, 24th February 2023, About 2 years ago

Reply to the comment left by Henry Malone at 22/02/2023 - 21:13
Why do you need to know what the issue is? You may be happy with that situation but I would be totally p ssed off if someone lied to me and moved in 3 other people.
If I was faced with a single tenant wanting to take on a property over a pair of tenants who might both being seeing people, I'd pick the single tenant. If I was faced with a pair of sharers vs a family of four I'd pick the sharers. Its pretty obvious that you evaluate potential tenants and pick the one you prefer the most. If they basically mislead you of course you're going to be p1ssed. Especially if it's higher wear and tear. He might have even accepted a slightly lower offer than someone else on the basis that it's a single person.

Christopher Lee

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21:43 PM, 24th February 2023, About 2 years ago

Reply to the comment left by Cadaceus WHACKWALLOP at 22/02/2023 - 05:32
Is that just pseudo legal opinion?
Is it a clear breach? What's your expertise in that area of law?

Randonneur

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8:26 AM, 25th February 2023, About 2 years ago

Why does noise transmit so easily to downstairs , are the floors bare wood or tiles?
If so I would get carpets down.

Christopher Lee

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8:44 AM, 25th February 2023, About 2 years ago

Reply to the comment left by Chris Wilby at 25/02/2023 - 08:26
I don't think that's the type of advice the OP looking for. I can't believe most peoples responses to be honest.
The landlord has been conned by the tenant and has 3 unwanted guests living in his flat. I don't think the flooring is the issue!

Anyway, he stated it's a conversion. The floor/ceiling will be suspended timber. Even if it's it's carpeted it'll easily transmit noise if there are young kids running around and making noise.

Jessie Jones

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9:04 AM, 25th February 2023, About 2 years ago

It is not unusual to let a property to one person only to find that further down the line additional people are living there. Tenants get married, have children, move friends in, and this is almost entirely out of the control of the landlord. People have a right under the ECHR to a 'family life'. It can lead to what we might consider to be overcrowding and it certainly leads to increased wear and tear on our properties, but this is really just part of the business of letting properties.
As others have said, Right to Rent checks are our biggest concern when additional people join the family.
If you are genuinely worried that this family are not suitable for the property, then a sensible approach would be to simply not renew the tenancy at the end of the fixed term, and to serve the correct repossession notices under Section 21, 2 months beforehand.
In relation to discrimination; there are only 9 protected characteristics that Landlords cannot discriminate against, and smoking is not one of them. A refusal to let properties to people with children is discriminatory as a larger proportion of women have children, and gender is one of the protected characteristics.
Similar to 'no smokers' is 'no pets'. Although we now have a responsibility to at least 'consider' a request to keep pets, we do not have to acquiesce if we have a reason. Courts are unlikely to consider 'no smoking' and 'no pets' as a reasonable clause in any AST, but refusing to grant a tenancy, or ending one on this basis would not be unlawful. Ending a tenancy because someone has children is likely to be considered discriminatory, so tread carefully.

Not legally trained.

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