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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Christopher Lee

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

Reply to the comment left by Jessie Jones at 25/02/2023 - 09:04
"Tenants get married, have children, move friends in, and this is almost entirely out of the control of the landlord."

This is just nonsense. Most agreements have clauses to disallow subletters or permitted occupiers. If that's the case then the tenant is in breach and whilst not a mandatory ground it could be used to regain possession.

"People have a right under the ECHR to a 'family life'." Until someone comes up with definitive evidence that this impacts permitted occupiers I think it's best that people stop making up law.

Sam Wong

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19:23 PM, 25th February 2023, About 2 years ago

Honestly folks, what a load of rubbish we espouse here.

You might be right. You might be wrong. So what?

How to get rid of a tenant you dont want is the issue.
How much money, time and hassle is it going to cost is the issue.

Seems theres nothing the LL can do until the AST has expired. Then he has to serve notice.

What happens if the tenant refuses to move? Or pay?
By the time the LL gets his first hearing, the tenant will likely have finished his post grad and b ready to move on. If he isn't, he very probably will by the time the LL gets possession, or soon after.

Why stress? As long as the tenant pays rent, doesn't trash the property too much, I say leave him be. Not ideal, but LLs are looking at the hind side of a donkey for legal rights.

This is the business we are in. The cost of righting a wrong is prohibitive. Moaning about injustice aint going to change it. Just be grateful its not worse.

Sam Wong

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20:21 PM, 25th February 2023, About 2 years ago

We have had tenants walked away with curtains, washing machine, furniture etc - even doors. I took the first one to court - 30 years ago and lost. Henceforth, I decided discretion was the better part of valour and practiced the proverbial stiff upper lip.
Then we had a pro. It took more than 7 months to get rid of him. Cost £16k in lost rent and legal fee. Then we had a nut case who took us to court (multiple times) after she left. That cost £10k in legals - even when we won every one of them. Both times, they got in when we were overseas and unable to eyeball them.
I guess 2 in 30+ years is not a bad record but the paperwork, the time lost and the stress were just totally disproportionate.
The last vacant property we had, we did 4 open viewings. Each time between 10-15 viewers.
I reckon the only way LLs can stay out of trouble is be very vigilant who we have as tenants. Surely that can't be easy for the tenants - I would hate to know how many viewings some of them have been to before they find a place - and what sort of a place.
Life's hard for both tenants and LLs alike when we have ass's ends for our masters.

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