Working tenant wants to bring long term boyfriend?

Working tenant wants to bring long term boyfriend?

0:06 AM, 17th January 2024, About 10 months ago 14

Text Size

Hi, I have a working tenant who wants to bring her boyfriend to live with her. Her tenancy says just her and we have rent guarantee insurance.

She says she will continue to be responsible for the rent and does not want to add him to the tenancy.

I am inclined not to put anything in writing, just phone her and say I am not giving permission nor am I refusing it.

Your views please?

Thanks,

Chris


Share This Article


Comments

Cider Drinker

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

7:51 AM, 17th January 2024, About 10 months ago

There’s not a lot that you can do.

I would want to ensure that all adults have the Right to Rent. This is your tenant’s responsibility but it is considered that the landlord is best placed to do the checks.

Your mortgage and insurance may require that all adults are named on the tenancy agreement either as co-tenants or permitted occupants.

LL Minion

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:10 AM, 17th January 2024, About 10 months ago

i had same thing - added the boyfriend as a permitted occupier only and checked his right to rent as a result. Charged her £50 for making the addendum to the AST that fully remains in her name only

NewYorkie

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:31 AM, 17th January 2024, About 10 months ago

My [remaining] tenant has been on a periodic tenancy since 2017, but her co-tenant disappeared some time in the past. I suspect she's no longer resident, but her daughter and infant is. I have instructed my agent to check who's living there, and issue a new AST, with all required documentation, in her and her daughter's name. She's said her 'husband' is also resident. I don't believe it, but the rent is always on time, and I've increased it by 9% this week without challenge [it's still below market].
I'm OK with the 3 names on the AST, and am prepared to overlook whether they all live there, as long as there's no subletting. I intend to sell anyway, so ensuring all documents are up-to-date should make it easier to issue a S21.

Does anyone see any risk with this?

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:32 AM, 17th January 2024, About 10 months ago

Get the boyfriend to sign a Deed stating that he has no legal interest in the property or tenancy held between X (your tenant) and Y (yourself) and this Deed has been signed without undue pressure, influence or coercion.
Both signatures will need to be witnessed.

Raz

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:48 AM, 17th January 2024, About 10 months ago

Do right to rent, and add as permitted occupier - they are then the tenant’s responsibility, and the tenant is the one who pays the rent and covers any damages by the permitted occupier the property. Make sure you add a clause stating should the tenant leave, the occupier will become the legal tenant.
Otherwise, should the tenant leave but occupier doesn't you could end up with the occupier living there lawfully (as they were allowed to be there by there tenant) yet not paying rent as they have no contract with you. Also makes eviction tricky for the same reason.

LL Minion

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:17 AM, 17th January 2024, About 10 months ago

Reply to the comment left by Raz at 17/01/2024 - 10:48NO DO NOT add a clause stating should tenant leave then the PO becomes the legal tenant!
If the AST named tenant leaves the PO goes too - as this person is their responsibility. If your tenant does not get the PO to go when they do the tenancy is still valid and the tenant names on the AST is still liable to pay the rent until they properly end the tenancy and give vacant possession.
Once the tenant realises this they often get the PO out for you. They don't want to be liable for the rent or any damages for them if they are not stil living there themselves!.
Once that is done and the property is empty vacant possession is achieved and the tenancy can formally and properly end.

Fed Up Landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:19 AM, 17th January 2024, About 10 months ago

Dangerous. If you have rent insurance then if they have a domestic and she goes and leaves him then despite the fact he's added as a
" permitted occupier" they won't pay to get him out. The only sure fire way is to get him referenced, draw up a new tenancy agreement, and add him to the rent insurance. The other thing is that if she leaves and he stays and he has been paying half the rent to her then by default in the eyes of our wonderful judiciary then he's a tenant.

It's either he's a tenant or a "visitor".

LL Minion

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:02 PM, 17th January 2024, About 10 months ago

Reply to the comment left by Fed Up Landlord at 17/01/2024 - 11:19
do nothing - allow him to continue as a 'visitor', but up her rent accordingly (to compensate for higher wear and tear).

Tell her it is also protection for her if the relationship breaks down (it happens) she doesn't have to move and can ask him to leave at any time?

That way no change to tenancy as is, he still stays, she is in control, and you get more rent??

RoseD

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

14:45 PM, 17th January 2024, About 10 months ago

My son allowed his now ex gf to move in with him (with landlord permission) but then was the one to move out despite him being the legal tenant. The landlord had a real issue getting her out. Proceed with caution as what is good intention in the moment can quickly become a very difficult situation....as already highlighted in the replies.

JC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:29 AM, 20th January 2024, About 10 months ago

I smell benefit fraud and a costly eviction process in the future.
My advice is to give your tenant notice via a S.21 and move on to a new tenant.
Simple

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More