What sort of tenancy agreement for this odd situation?

What sort of tenancy agreement for this odd situation?

0:02 AM, 19th September 2024, About A week ago 9

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We have potential tenants for our 3 bedroom house in Croydon. It’s the director of a company and two of his staff who want a 12 month agreement where they will use the house as their base for their upcoming work in South London.

One of the three will live there permanently but the other two have Principle Primary Residences elsewhere. The letting agent says we should use a Non Housing Act Agreement but when I checked with NRLA they said no, that it should be an AST as it will be one person’s permanent home but then contradicted themselves by saying it can’t be an AST as two of the potential tenants won’t be living there full time.

Croydon doesn’t have Additional Licensing (yet) and according to NRLA, “an HMO is a property occupied as the primary residence of three or more people, living in two or more households.” I’ve emailed the council but so far had no reply.

NRLA also said “you cannot have a joint tenancy where some tenants have one tenancy type and the others have a different tenancy type”.
We can’t do it with the permanent resident being the tenant and the other two being permitted tenants as a) the permanent tenant doesn’t meet financial referencing on his own b) “permitted occupiers are not liable to pay rent or comply with the terms and conditions of the tenancy agreement” and ideally we’d like them to be joint and severally liable.

Can anyone please clarify what sort of tenancy this should be, or is it all too complicated and we should keep looking for alternative tenants?

Thanks,

Heather


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David Smith

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9:48 AM, 19th September 2024, About A week ago

You can’t let to a company on an AST.
Use a Company agreement this way the company is the tenant and the people living in the property are occupiers allowing the company to move their staff to move in & out.

As you must insist on a personal guarantor for the rent unless it’s a major PLC.

Barns Morison

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9:49 AM, 19th September 2024, About A week ago

It does sound rather complicated. What I would do is get the Company Director to sign an AST and then say that to be able to live in the house he will need to pay the 12 month's rent upfront. Once the rent has been paid in full he can let his colleagues stay whenever they need to. If you don't receive all 12 month's rent upfront I would avoid and find another tenant.

Mark Smith

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10:07 AM, 19th September 2024, About A week ago

Personally I think what the "business" is may also be of significance. Is the the property to become the primary workplace of these 3 individuals? What work is to be done there? Are work materials, papers and tools to be stored on your premises? Will it become the registered address of the company. Will clients visit them there? How will this effect neighbours/parking etc

Or is the company maintaining a registered address elsewhere - and looking simply for cheaper accomodation than a hotel on a 12 month contact where they can cook etc.while doing all their work elsewhere.

I think there is more than just housing law at stake, if a boss applies any duress or pressure to get his employees to share in underwriting his rent for his permanent residence (if their primary home is elsewhere). I would not want to be part of that sort of irregular employment practice !

I think you probably need to assess your own willingness to let based on your assessment of affordability reliability and ability of the primary tenant to pay the rent alone.

And ask what happens if the business falters, or the boss lays off or sacks the secondary tenants.

There could be ways of doing this if 12 months rent is paid up front and you do your research, or you rent to the company - but you need to be sure this is a really a residential rather than commercial let ...

Barns Morison

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10:28 AM, 19th September 2024, About A week ago

Reply to the comment left by Mark Smith at 19/09/2024 - 10:07
I agree. Very important to find out if this is a corporate let or if the Company Director just needs somewhere to live for twelve months and is going to pay the rent himself.

DPT

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10:47 AM, 19th September 2024, About A week ago

I wouldnt do a company let, I'd do a single let AST to the Director in his personal capacity and give him permission to have guests but not to take permanent lodgers or sublet rooms.

moneymanager

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0:05 AM, 20th September 2024, About 7 days ago

Have you investigated letting not to the occupants but to the company itself?

Dylan Morris

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7:43 AM, 20th September 2024, About 7 days ago

You need to be aware that this could be an HMO situation here. I’d be inclined to find more straight forward tenants and ditch this application.

Judith Wordsworth

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8:10 AM, 21st September 2024, About 6 days ago

You need a Company Let agreement with the Ltd Company being the party let to. This is not an AST but works in the same was as a “simple” contract even if you use similar clauses. Also beneficial as no notice period, other than what is written in the contract, is required AND the contract cannot fall under the RRB (Act) should it come into force.

Croydon are not allowed to re-introduce a Selective Licensing scheme. They did have one for 5 years BUT after Treasury audit end/mid-term the monies raised were not accountable for. To this day no-one knows where the monies went.

havens havens

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9:52 AM, 24th September 2024, About 3 days ago

Since one of the potential tenants will be living there full-time, you should probably go with AST. It allows for everyone to be on the agreement, making them equally responsible for the rent. Just be mindful that having part-time tenants might complicate things a bit. If it starts feeling too tricky, it might be worth looking for other tenants who fit a more straightforward setup. Good luck with it!

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