Tenant change without my permission

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    Tenant change without my permission

    Hi all

    I let a house to a single family at the end of last year, consisting of 6 adults and all were named on the AST. Turns out one family member has moved out and another has moved in - without telling me!

    I've now done right to rent checks (which are fine) but am struggling with employer and past tenant references for the new person - and as it's in a licensed area, the Council expects full referencing. Personally I have no need to reference (as the remaining tenants/family members can pay the rent plus the replacement is a mild-mannered, mature member of the family). So what should I do about:

    - AST, deposit protection, serving gas safety, etc.: Do I have to do it all over again?

    - referencing: as above, the Council expects referencing although I do not see the need!

    Thanks!

    #2
    Do nothing: someone moving out does not change tenancy nor end their liability for rent payment.

    You still have the original 6 to sue should things go wrong. IMHO do NOT change tenancy.

    I'd (assuming it's prohibited in tenancy) issue s8g12 for change of occupant. They might realise you have power. Maybe s21 also.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      If they are like my council, the reason the council wants referencing is to detect people likely to cause anti-social behaviour, not to ensure that rent gets paid. As such I think they would want any occupier to be referenced.

      You also need to check that the new occupant is a close blood relative of the other occupiers, especially as cousin can be used for friends as well as true first cousins.

      Comment


        #4
        the family member that has moved in is not a tenant , but guest of the other six or five and the missing one,.( i think but check what others say on this )
        the missing one is still a tenant if named on the agreement -
        what about deposit , all six on there too ?
        does the new person wish to be named on the agreement as a tenant?

        Comment


          #5
          Originally posted by leaseholder64 View Post
          You also need to check that the new occupant is a close blood relative of the other occupiers, especially as cousin can be used for friends as well as true first cousins.
          This is really difficult - how does one practically do that, apart from a declaration from the occupiers that is the true case?

          Comment


            #6
            Originally posted by fandango View Post

            This is really difficult - how does one practically do that, apart from a declaration from the occupiers that is the true case?
            You ask them for a statement of the relationship of each person to each of the others.
            If you are happy, then you ask them to swear an oath that the information is correct.

            If either is not forthcoming, then you issue S21 or S8 notice

            Comment


              #7
              Originally posted by MdeB View Post

              You ask them for a statement of the relationship of each person to each of the others.
              If you are happy, then you ask them to swear an oath that the information is correct.

              ........................
              F*** me, george is me mum's cousin, honest?

              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by MdeB View Post

                You ask them for a statement of the relationship of each person to each of the others.
                If you are happy, then you ask them to swear an oath that the information is correct.

                If either is not forthcoming, then you issue S21 or S8 notice
                Thanks! So who swears the oath? Is it the whole household, or is it just the relatives involved where it can't otherwise be proved (i.e. cousins, uncles, etc)?

                Comment


                  #9
                  Originally posted by fandango View Post

                  Thanks! So who swears the oath? Is it the whole household, or is it just the relatives involved where it can't otherwise be proved (i.e. cousins, uncles, etc)?
                  You need to decide that.
                  Probably anyone who cannot prove their relationship and the person at the other end of the relationship.

                  Swearing an Oath is a formal process that must be conducted by an authorised person (e.g. a solicitor)

                  You probably need to get all the links in the relationship (family tree) to avoid the possibility that they use cousin (or other term) differently. e.g A is my motheer; B is A's sister; C (the new person) is the son of B.

                  Comment


                    #10
                    Why do they have to be part of the family if the other group are all related? I have no experience of property with a licence requirement and of course it depends on the detail of that licence but on face value I am with Artful and would also do nothing - swearing a oath seems a) impractical / OTT and b) a teensy bit weird?!
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                      #11
                      I go for the line that new person is a house guest of the tenants - you don't have to go through licensing process when Aunt Mabel comes to stay. You've done right to rent checks on tenants, new person isn't a tenant so you don't need to check them. Might be sensible to contact current tenants just to clarify that they remain fully liable for the actions of their guest - ie, he smashes a window, they pay.

                      Comment


                        #12
                        Originally posted by islandgirl View Post
                        Why do they have to be part of the family if the other group are all related?
                        Because otherwise it becomes a HMO.
                        I believe that is the case even if the person is a lodger.

                        Originally posted by islandgirl View Post
                        swearing a oath seems a) impractical / OTT and b) a teensy bit weird?!
                        Mybe, but if you can think of a better way ...

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          new person isn't a tenant so you don't need to check them.
                          But if they are living there, rather than visiting, then LL needs to make sure it has not become a HMO.

                          Comment


                            #14
                            I thought (rightly or wrongly) that it was a HMO with 3 or more unrelated people? "A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. " The oath thing is still weird. The whole issue is what do the council demand?
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

                            Comment


                              #15
                              Originally posted by islandgirl View Post
                              I thought (rightly or wrongly) that it was a HMO with 3 or more unrelated people? [I]"A house in multiple occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen.
                              If there are two or more from oe household (e.g. a cohabiting couple) and someone not related to someone in that household, then it is a HMO.

                              Comment

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