Tenant moved father in. Advice please.

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    Tenant moved father in. Advice please.

    I have come into a situation with one of my tenants. The flat is one bedroom and my tenants father has been repeatedly coming to visit. It looks like he is trying to move into the property as I have been informed by text from the council that there is another tenant at the address.(he has been coming from an EU country).

    I have spoken to the tenant and she has stated that he is now paying council tax at the property and can we change the lease to both names. Apparently he wants to claim Universal Credit. I said I would get back to them just so I remained professional and not make any irrational decisions.

    To be honest I have made a decision but just wanted a bit of advice.

    My decision would be that I will not be changing the lease and I took her on as a single tenant and that's how it will be staying. I will not agree to her father moving in but I cannot stop him from visiting.

    Any advice please?

    Thanks in advance.



    #2
    Check if this is overcrowded, legally.
    https://england.shelter.org.uk/housi...crowded_by_law
    If it is and landlords knows but does nothing there can be fines (quite right IMHO..)

    What does YOUR tenancy say about visitors or guests or number/type of occupants please?

    Nothing to stop you serving s21 when one would be valid, perhaps today depending of circumstances
    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
      Hi I have checked this already thanks and it is not classed as overcrowded.

      Thanks

      Comment


        #4
        The tenancy states that 'no sub letting is allowed'.

        To be honest she has been a model tenant for 18 months but I do feel this is possibly an underhand tactic.

        I don't really wish to issue a 'section 21' especially under the present climate.

        The flat is not overcrowded, what if I was to change the lease to both names?

        Comment


          #5
          Don't change the tenancy agreement.
          She's not subletting unless she charges her father rent.

          And I'd increase the rent to cover the greater wear and tear.
          Nothing mental, but enough to cover your costs (maybe 10%).

          And if the tenant gyps, let them leave and find somewhere else to live.
          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


            #6
            Thanks jpkeates I appreciate the advice.

            Are you stating that I need do nothing else(I shall up the rent slightly)?

            Am I cool with the council although she has put him as living at the property? (reason I ask as around the area the council are checking property's to make sure they are habitable etc-I have no reason to be worried, everything is legal and in tip top shape, I was just expecting a visit before the mess with Covid-19).

            I have no problem with him staying at the property but just want to make sure everything is in order legally etc. The rent has been paid on the dot for the last 18 months. The property is being kept(so far) in excellent condition. The tenant has been quite exceptional.

            Cheers

            Comment


              #7
              Unless you have a lease, mortgage or insurance that require all the people in the property to be on the tenancy agreement, I don't think you need to do anything.

              If you agree to the father moving in, you would be responsible for them moving in.
              If your tenant does it, that's their choice.

              The council tax situation doesn't impact you.

              You don't have to put up the rent, it's just an option.

              The issue you might face is that the tenant wants the father on the tenancy agreement to help them get benefits or for other reasons.
              That's their problem and you don't have to do anything you don't want to.
              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
                jpkeates,

                Thanks I really appreciate you taking time out to answer my query. It's much appreciated, especially in these uncertain times.

                Comment


                  #9
                  Although the father is currently unemployed, do you know anything about him? If he is likely to get a good job, then he may be worth adding to the tenancy as it gives you one extra person to chase if there are payment problems in the future.
                  If on the other hand, the best he will get is minimum wage pizza delivery then that would be pointless.

                  Comment


                    #10
                    Happy to help.
                    Thanks for bringing the query here, it really helps a lot of people.

                    There are 686 people using the site at the moment (no idea how many of them are actual people, of course) so it's obviously a useful resource.
                    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


                      #11
                      As the Council has informed you that he is living there I think you should now carry out a Right to Rent check on him. This will cover you if it is later discovered that he does not have that right. You should make clear that this does not give him any tenancy rights or imply your acceptance of his occupation.

                      Comment


                        #12
                        If the daughter has moved him in, she's given him the right to live there, not the landlord.
                        That's why it's quite important that the landlord doesn't do anything!
                        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


                          #13
                          I agree a lot with above. Dont change the agreement whatever you do! Does he have a right to rent etc etc You could approach it that as long as her father is living there she needs to pay a bit more rent. There is more ware and tear with 2 people there. More washing machine use , more showers and baths. But next time you rent out make sure its in the management regs that the flat is for one person.

                          Comment


                            #14
                            Snorkerz,

                            ​​​​​​I suspect I'm going to run into the 'Universal Credit' scenario at some stage. His English is non existent so Jobs will not come easy. I hear he is a builder so maybe will get some work (64 years old).

                            It will be an issue as he will need a Tenancy of some description. I think I'll cross that bridge when and if it comes up.

                            Thanks Snorkerz!

                            Comment


                              #15
                              Originally posted by DPT57 View Post
                              As the Council has informed you that he is living there I think you should now carry out a Right to Rent check on him. This will cover you if it is later discovered that he does not have that right. You should make clear that this does not give him any tenancy rights or imply your acceptance of his occupation.
                              Will do thanks

                              Comment

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