Can Uncle be added as a permitted occupier?

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    Can Uncle be added as a permitted occupier?

    Mr and Mrs T will be starting their tenancy tomorrow (in England). All's good. They have said that they want to bring Uncle into the property from an EU country in a few months - before the initial 6 months. Can we just add Uncle as a 'permitted occupier' by mutual agreement ie all sign a document to agree this? I'll check his Right to Rent. Is there anything else I should do?

    #2
    Yes, the relationship to the tenants is irrelevant, the only thing you should do, is perform your due diligence, reference checks, right to rent checks. I would suspect that his reference checks would fail as he would not be living here previously (correct me if I'm wrong), may or may not have employment, may or may not have a UK bank account, etc therefore to ensure you are covered, You may need to add in an amendment to your tenancy agreement to include him,I would insist on either or both -

    - A higher rent (to cover additional wear and tear)
    - A higher deposit.

    But these are up to you if you wish to add the additional cost,

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      #3
      Yes, I'll do the checks. He will be in employment, I believe. I'm happy with the rent so I won't be increasing that, or the deposit. Uncle won't be responsible for any rent or bills (although I expect he will chip in). If I just drew up an amendment for us all to agree that he can be a permitted occupier would that be acceptable? That would acknowledge that he can live there but have no rights or responsibilities, and not be subletting.

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        #4
        The bills and expenses will be the for the tenants to decide upon between them, I'm not sure from a legal perspective what the difference is with a permitted occupier and an tenant, if there is no difference legally then it's fine, but if there is a difference I would stick to making him a tenant on the AST, making them all liable if there is an issue.

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          #5
          Originally posted by ash72 View Post
          The bills and expenses will be the for the tenants to decide upon between them, I'm not sure from a legal perspective what the difference is with a permitted occupier and an tenant, if there is no difference legally then it's fine, but if there is a difference I would stick to making him a tenant on the AST, making them all liable if there is an issue.
          As a permitted occupier Uncle won't be a tenant as he has no responsibility for paying the rent and won't have a right to stay there should Mr and Mrs T leave. Mr and Mrs T won't be subletting as that would be a breach of the TA.


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            #6
            Not sure why you need to acknowledge uncle's existence at all.

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              #7
              I think I would like to know about this EU Uncle's status + dependents,

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                #8
                I find that when 'uncles' or 'cousins' are mentioned as occupiers etc there is something more to it epsecially regarding people from the EU and beyond.

                Just had similar last week with an alleged Portuguese family with uncle who turned out to all be Brazillian. Could it be that this person Berlingogirl maybe has a record or should not be here at all or worse is trying to avoid some form of official bureacracy? I would be suspicious and want all the details including a copy of uncle's passport.



                Freedom at the point of zero............

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                  #9
                  Unless you have to (to meet insurance or mortgage conditions) I wouldn't do anything formal.
                  If your tenants want to have a family guest that's up to them.

                  I would point out that if the guest isn't a close relative, they'll create an HMO which they will be responsible for managing and that, if they allow the uncle to live there, they need to make sure they are only giving permission for them to live there if they have a right to reside in the UK. But that's just being helpful.

                  If you want to formalise it, make them a tenant - a status of permitted occupier is only helpful if someone else needs it (insurer, lender, superior lease).
                  It means you're giving the permission to reside so you have to be confident they're allowed to reside in the UK.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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