Tenant moving additional adult in who is her husband.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant moving additional adult in who is her husband.

    Hi, I have just met my new tenants who moved in last month on a 6 month standard AST. They were found for me by an agent on a tenant find service. The tenants named on the tenancy are a woman and her adult son. They passed all necessary checks and are down as joint tenants on the AST and with the deposit. It is a three bedroom house.

    Upon meeting them for the first time I am introduced to the female tenants husband. He is living in the house and I had no knowledge of him at all. She casually explained that the reason for them moving was because they needed a bigger house now her husband had come over from [another country].

    I have the standard wording in the agreement: "Not to assign, sublet, otherwise part with possession of the Property or let any other person live at the Property without the prior written consent of the Landlord which cannot be unreasonably withheld and must be given within a reasonable time."

    I was so shocked I did not do anything for a day or two and I am now seeking advice. The agency advised that as I was only on the tenant find scheme that basically I was on my own, but the agent advised that the gentleman should go though all their checks for £150. I'm now reticent to give them any further business and if checks are needed I will do them myself for a smaller charge.

    Online research suggests I could add him as a permitted occupier, or do a new AST with him on it, or make him her lodger, or basically ignore the issue as they have the right to quiet enjoyment and as they are married a judge would be unlikely to not allow it. I am seeking advice on this please. I will be there in a couple of days and I intend to ask for his documents to check for the Right to Rent as I understand that whatever his official status I am obliged to make sure he does indeed have that right. Although, my research also suggested that if he were her lodger then it would be her responsibility to check that. The .gov website suggests it is mine. The country he has come from is non EU so I have my fingers crossed for a visa!

    As it seems like this was the plan all along do I have any redress with the agency at all? I suppose if the tenants never mentioned another adult then I would not.

    Oh, I also checked my insurance and I can't see anything about everyone needing to be named. I feel though that by choosing the 'ignore' option I am somehow leaving myself open to issues down the line.

    Any and all thoughts more than welcome. It is annoying that I went through an agency to have everything watertight legal and just weeks into it I have this situation. Many thanks in advance.

    #2
    There's not even a breach of contract here. The husband have right to occupy the property by being married to a tenant. More specifically, under the Family Law Act 1996, so long as his spouse remains a tenant, you can only evict or exclude him with the leave of the court.

    You should check with the relevant telephone helpline whether you need to do a Right to Rent check, or should had done a better job making reasonable equiries before granting the tenancy.
    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


      #3
      There is technically a contractual breach, but there's no loss (because the tenant has a right to allow their husband to occupy despite the contract), the term is probably unenforceable (because it's illegal) and you would have had to give permission had you been asked (becuase the law requires you to allow occupation it couldn't be more reasonable).

      It is however annoying.

      If you take the view that the husband is nothing to do with you and as you haven't been asked for consent, you are not responsible for the husband living there, the issue of right to rent is probably the wife's.

      I think I would probably explain to the wife that you are very unhappy that she has deliberately misled you, that, had you known there were going to be three residents that you would probably have been fine with that, but she has acted in bad faith and cost you money (there will be more wear and tear and your costs with the agent will be greater). I think I would give informal notice that, once the fixed term ends, that the rent will increase to compensate for the greater costs. And then do the right to rent checks.

      If the tenant can show that they told the agent, that would be another thing.

      If the tenant is receiving benefits, the motivation might be suspect.
      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


        #4
        Thank you both for responding. I thought I'd do a little update in case other people have this query. I phoned the Right to Rent helpline at the Home Office and they said I'm in the clear and am not required to check him as he is not a tenant of mine. She would be liable for this. As that was my main worry it is now all fine.

        Comment


          #5
          If Mrs T is claiming any benefits, having Mr T live with her might affect her claim.

          Comment


            #6
            My son moved a girlfriend in not so long since and i didnt name her on the tenancy agreement and my son didnt want to put her on there either she now stays at the house as guest - hope this helps

            Comment


              #7
              You may want to check out the Matrimonial Homes (Family Protection) (Scotland) Act to see if he inherits occupancy rights, your tenant being a spouse of his. Not sure if it relates to rented property.

              Comment


                #8
                When did Scotland come into this?
                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
                  In Sheena's mind and lack of knowledge?

                  Comment


                    #10
                    Are both mother and son working or on benefits? I'm actually wondering if the reason for the deception (and there has to be one) is because the husband would have failed the credit checks?

                    Have to say I, too would be annoyed if this happened.

                    Comment


                      #11
                      We live in a world full of untruths. At viewings one of the first questions I always ask is 'who exactly would be living here if you are accepted?'

                      It could be the viewers don't want to take the place but I feel I need to know right from the start the basic facts.



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

                      Comment


                        #12
                        Interlaken,

                        Something so simple and yet i do not ask that, i assume it is who the agent tell me is going to turn up and does then turn up, up to now it has all been fine but from now on i will do this. Thanks

                        Comment

                        Latest Activity

                        Collapse

                        • 'pausing' a tenancy
                          henry_of_hillbridge
                          Hi everyone,

                          I'm here seeking for opinions from more experienced landlords. I'm brand new in the forum and in the landlord world and English is not my first language, so please forgive any absurdities you may hear from me.

                          I recently bought a flat in Edinburgh which I'm renting...
                          20-08-2019, 19:59 PM
                        • Reply to 'pausing' a tenancy
                          Ted.E.Bear
                          There is a specific forum for questions about tenancies in Scotland.

                          My guess is that you could possibly arrange to sublet from your tenant during that period - but there is no real way to be sure they will actually move out.
                          It may not be possible, but would likely be difficult...
                          20-08-2019, 20:33 PM
                        • Reply to 'pausing' a tenancy
                          AndrewDod
                          In an ideal world where mature adults could contract with each other as mature adults you could do this.

                          However given the state of play in 2019 this is not a safe thing to do. There is no way you can write a contract to guarantee it will be available to you to put on AirBnB. So the tenant...
                          20-08-2019, 20:28 PM
                        • Can I charge...
                          t-mhrwl
                          I have paid an agent to market my property. They have found a tenant who was due to move in yesterday. The dates have already been delayed once. They have paid 3 months advance rent and a 5 week deposit. All paperwork has been prepared and checked by all parties. The tenant has now decided they don't...
                          17-08-2019, 12:08 PM
                        • Reply to Can I charge...
                          t-mhrwl
                          Thanks all....
                          20-08-2019, 20:13 PM
                        • Whose Responsibility For Change Of Locks?
                          ABC123
                          Just wondering what people's opinions were on this.

                          The block has a front door that opens onto a courtyard and then a door that leads into a stairwell and then the door to the flat. A separate key is needed for each door.

                          The tenant says he put the latch on the door to the...
                          20-08-2019, 15:29 PM
                        • Reply to Whose Responsibility For Change Of Locks?
                          ABC123
                          Well, while I’m not disagreeing, that’s kind of what I’m questioning. How far is a LL liable and does a T have an obligation to the LL to mitigate such expenses?

                          If there were 20 locked doors in the development before the locksmith could reach the bedroom then would the LL be liable...
                          20-08-2019, 19:49 PM
                        • would you accept these tenants with a void of nearly 5 months
                          Maikkia
                          Hi everyone, just looking for a bit of advice as everyone has been so helpful in the past. One of my 5 bed properties that used to be a family home is currently vacant for 5 months at the end of Aug. Its in the middle of nowhere and has always been difficult to rent out although a tenant family of 2...
                          20-08-2019, 18:22 PM
                        • Reply to would you accept these tenants with a void of nearly 5 months
                          AndrewDod
                          We should reiterate again that the only reason these folk are high-risk (and will have difficulty finding a property to let) is as a result of legislation. In a normal world where you could easily and efficiently evict tenants who did not fulfil their side of the contract, they would not be high-risk...
                          20-08-2019, 19:43 PM
                        • Reply to Whose Responsibility For Change Of Locks?
                          nukecad
                          Maybe not as secure as you thought?
                          Maybe someone left them open or let him in?

                          Less cost than having to drill extra (communal) locks to get to the bedroom.
                          20-08-2019, 19:36 PM
                        Working...
                        X