Tenants not on the Tenancy Agreement

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    Tenants not on the Tenancy Agreement

    Hi , please could I have advice? I have a new tenant in my property. The tenancy agreement was for him and on the understanding that he would have a young daughter visit every other weekend.
    I had to send in a workman for a couple of repairs and in the course of conversation it became apparent that the tenant has his partner/girlfriend living there plus two children.
    The tenancy agreement is definitely just in his name. What are my options?

    #2
    Nearly every tenant of mine has done this one way or another. It's par for the course. Unless you gave a lower rent due to just the one tenant, I'd just accept it's what happens.

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      #3
      I agree with JKO. I always assume that if a single person moves into a property (other than a HMO) they'll bring other significant person(s) in.

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        #4
        But the legal position is that only those named on agreement as tenant are tenants, the others are the tenant's lodgers/guests.

        Do not accept rent from anyone other than named tenant, otherwise they might become tenants but without the right AST paperwork to evict....
        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...

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          #5
          Is the place overcrowded now? If so then you should probably act. Its possible that the girlfriends move was not planned when he took the property, but if you think he deliberately lied at interview then I think that is a different matter. I have to have trust in my tenants and would not keep someone long term who had done that.

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            #6
            Originally posted by DPT57 View Post
            I have to have trust in my tenants and would not keep someone long term who had done that.
            Ditto, when they did something like this their card is marked and they would be out at the earliest opportunity, without integrity you have nothing.

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              #7
              Is the rent being paid on time? In full? Is the place tidy? Are they respectful to their neighbours? Quiet and unbothersome?
              If you've answered yes to all of the above, collect your rent in peace and leave the girlfriend and kids alone.

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                #8
                DPT57,

                He has only just moved in and she wasn’t mentioned. I specifically asked who was going to live in the property as we had a nightmare tenant prior to this one. Only just got the house back to a habitable state.
                so yes I think he has lied.
                Thanks for all your comments.

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                  #9
                  What EXACTLY does tenancy say about number of occupants or guests or lodgers please
                  please?
                  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...

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                    #10
                    OK, well good luck with it. You might want to review you tenant recruitment process if you keep getting less than ideal tenants.

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                      #11
                      Evict the T asap.

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                        #12
                        Originally posted by theartfullodger View Post
                        What EXACTLY does tenancy say about number of occupants or guests or lodgers please
                        please?
                        Just one tenant listed on the agreement. I have gone back to the letting agency, waiting for a reply. Guests are allowed up to 3 weeks
                        Last edited by Redmillrythe; 04-07-2020, 16:43 PM. Reason: Guests can visit upto 3 weeks

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                          #13
                          How many bedrooms does the house/flat have?

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                            #14
                            2 bedrooms, it’s not overcrowded. It’s just that he is not being truthful. Even now he has said that she is a guest for a couple of weeks. But she has been there since middle of May.
                            i haven’t been able to do a property check as the Letting Agent is not doing them at the moment and I can’t get there. It is fully managed. I’ve left with the letting agency.

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                              #15
                              The basic point here is that if you let a two-bedroomed house you have to expect that at least four people will live in it.

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