Adding a tenant to the AST

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    Adding a tenant to the AST

    Hi there,

    Apologies if this is been asked before, I did search but couldn't find anything.

    Our current tenant wishes to add an unrelated co-worker to the tenancy agreement on an equal basis, bringing the total amount of tenants to 2 (excluding children). I therefore wanted to know:

    - Would we have to issue a new AST?
    - Would we be within our rights (legally/morally) to raise the rent? We were going to do this anyway at the end of the annual rental period.
    - Is there anything else we should be aware of that we would need to change?

    Many thanks in advance.

    #2
    You would want to issue a new AST because the wording is important in a joint and several tenancy.
    Does your tenant realise what she's asking - because the co-worker could end the tenancy for both of them if it ever went periodic?

    You can raise the rent or change the contract in any way that you wish. The existing agreement continues until the tenant signs the new one, and they don't have to.

    You are about to start a joint tenancy and should understand their features.

    Oh and think about the deposit if there is one.
    Last edited by jpkeates; 29-01-2019, 14:50 PM. Reason: Last sentence added
    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).

    Comment


      #3
      Thank you for that.

      I will make them aware about the whole potential tenancy termination by the colleague side of things.

      With regards a joint tenancy where would I be able to find out about the "features" you refer to, because I'm aware of single tenancy info but not for a joint tenancy.

      I do have a deposit in the TDS for the current tenant, would that entail reimbursing that and then doing it all again for the joint tenancy… I presume?

      Thanks again and I would appreciate any other advice you (or anybody) could give in this matter.


      Comment


        #4
        Originally posted by smark67 View Post
        I do have a deposit in the TDS for the current tenant, would that entail reimbursing that and then doing it all again for the joint tenancy… I presume?
        Yes. Including giving of the prescribed information again.

        Do a full check out and check in of inventory unless the new joint-tenant want to sign an agreement that they will accept the initial inventory from the single tenancy as the condition the property will be return in less wear and tear when the joint tenancy ends.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          You mention children.
          If any children are to live there in addition to the two tenants, then that would make it a HMO, and you would need to comply with HMO legislation.

          Comment


            #6
            The children will not contribute to HMO status if they do constitute a family unit wirh one at leasr one T.

            Comment


              #7
              Originally posted by MdeB View Post
              You mention children.
              If any children are to live there in addition to the two tenants, then that would make it a HMO, and you would need to comply with HMO legislation.
              HMO status requires more than two people in two households (or more).
              The children will be in one or other of their parent's households, so there won't be an HMO created.

              Because the tenants will be jointly on the tenancy agreement it won't be an HMO for council tax purposes, either.
              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).

              Comment


                #8
                The OP said the perspective second tenant is "an unrelated co-worker". That makes two households, and with children, more than two people.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  You're right.

                  Big problem klaxon for the OP!!!!!
                  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).

                  Comment


                    #10
                    From my initial investigations I thought that it had to be 5 or more people to count as an HMO… Is that not the case? There would be only 2 adults and 2 children. However if it is too complicated what are the options for my tenant taking the person in as a lodger? In my AST under Occupiers it states:

                    That subject to clause 5.44, and in order to protect the Landlord from being in breach of their statutory obligations, no other person (whether an adult or child) shall be allowed to occupy the Premises without the prior written consent of the landlord, which will not be unreasonably withheld.

                    Does this not allow for that?

                    Again, thanks in advance…

                    Comment


                      #11
                      It doesn't matter whether they're tenant, lodger of the tenant, or just someone who the tenant let live with them. It's a question of how many people are living there as their only or main residence.

                      Definition of HMO can get a bit complicated, based on the type of building, relationship of the occupiers, and for what you are asking.

                      Generally speaking, more than 2 people in more than one household is an HMO. It is a Large HMO if there are 5 or more people in more than one household.

                      There's mandatory licensing for all Large HMOs. There's additional licensing for all other HMOs in designated areas, check with your council. And then there's selective licensing for all rental properties even if they are not HMOs, again in designated areas.

                      If it's an HMO, large or otherwise, you are required to comply with relevant HMO regulations.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      I do not answer questions through private messages which should be posted publicly on the forum.

                      Comment


                        #12
                        Further to #11, I believe that the rules differ for owner-occupier properties and tenanted properties.

                        I believe that owner-occupiers can take in up to 2 lodgers without making it a HMO; for tenanted properties it is strictly the "more than 2 persons in more than one household" rule.

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