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

                        • Reply to Landlord in Distress
                          by royw
                          With 'experts' like ours you don't need enemies. Ignore what you can see happened in China and Italy and what the WHO and every other health expert says and deliberately allow it spread to create herd immunity. I'm glad BJ listened to popular opinion and reversed this policy.
                          These are same experts...
                          28-03-2020, 17:28 PM
                        • Landlord in Distress
                          by Roydravid
                          Hello ,

                          My tenant has stopped paying the rent on from the 5th of MArch 2020. This was the first month they stopped the rent . It is a period tenancy after one year tenancy agreement in 2018.
                          The Tenant has changed the locks and denied access for inspection and essential works . ...
                          25-03-2020, 06:26 AM
                        • Reply to Tenant asks for rent reduction
                          by jpkeates
                          Welcome Lillylisa.

                          I would simply decline their request. You are under no obligation to reduce the rent.
                          The tenants are simply taking the mickey.

                          If they want the rent reduced for a short period and then to pay increased rent to pay you back, that's one thing, but I...
                          28-03-2020, 16:57 PM
                        • Tenant asks for rent reduction
                          by Interlaken
                          I expect I won't be the first in this situation.

                          Couple on SPT been in over 2 years. Decent, reliable rent paying young professionals. One who works in high end hospitality has been laid off indefinitely and is asking for rent reduction during this strange situation. Tenant is to apply...
                          28-03-2020, 11:47 AM
                        • Reply to Six Months AST or Twelve Months AST with Mutual Break Clause
                          by Stew
                          Thanks for all the responses, I notice on the contract there is also an option to have a six months contract with a mutual break clause at six months which does not make sense to me so will remove the mutual break clause and just go with the fixed six months then rolling.

                          All the best ...
                          28-03-2020, 16:39 PM
                        • Six Months AST or Twelve Months AST with Mutual Break Clause
                          by Stew
                          Hi wondering if during these times for new AST's I should be doing

                          a) 12 Months AST with 6 Months mutual break clause
                          b) 6 Months AST

                          Rather than worrying about the longer letter my main concern is being able to take back control of the property as soon as possible if...
                          28-03-2020, 12:45 PM
                        • Reply to Landlord in Distress
                          by Lawcruncher
                          With Trump what you see is what you get. BJ has been putting on a great act for years to achieve his lifetime ambition of being PM. Now he's got there and faces an unprecedented crisis he knows he has to come across as statesmanlike. He also knows he needs to get it right as it is the government in...
                          28-03-2020, 16:37 PM
                        • Reply to Letting agency won’t accept rolling contract
                          by Lawcruncher
                          Please explain why you have to pay a termination fee.

                          Do not be browbeaten into doing something you do not want to do. I am afraid that many letting agents are experts at browbeating tenants. If and when they serve notice is the time to contact the landlord. In any event, as things stand...
                          28-03-2020, 16:22 PM
                        • Letting agency won’t accept rolling contract
                          by Confused19
                          Hello, I’d really appreciate some advice please.

                          we have been in our rented property just over a year. The letting agent kept pushing us to sign on to a 6 or 12 month tenancy but we were keen to stay on a rolling tenancy to offer more flexibility due to being self employed. We are now...
                          26-03-2020, 21:24 PM
                        • Reply to No EPC
                          by KTC
                          Why do you think you need a valid EPC for eviction?

                          Where is this property (England, Wales, Scotland, Northern Ireland)? When was the last time you agreed a new fixed term, renewal, or extension? What was the term of that? What type of tenancy is it?
                          28-03-2020, 16:22 PM
                        Working...
                        X