Tenant has moved partner in

[Confusedlandlord1]

Hi
We have a new tenant (has only been in the property a month) who applied as a single person and the contract is in their name only. We have now found out they plan to have their partner move in. please can anyone advise what is best for us to do? Does it need to be a whole new contract or can they be referenced and added via an amendment?
Thanks

[ash72]

Don't do anything, when it due to end either increase rent or serve notice.

[Hudson01]

As above, there is little you can do..... but for me, any trust i had with that tenant has gone and i would probably look to get rid as soon as possible.

I would also have an eye on the future, and when you know them for being untrustworthy then what else could they get up to, they would be gone, rent paid or not.

[Lawcruncher]

Hi
We have a new tenant (has only been in the property a month) who applied as a single person and the contract is in their name only. We have now found out they plan to have their partner move in. please can anyone advise what is best for us to do? Does it need to be a whole new contract or can they be referenced and added via an amendment?
Thanks

Is there a clause in the tenancy agreement which restricts the number of occupants?

How many bedrooms does the property have?

If it has only one bedroom is it furnished with double bed?

[Confusedlandlord1]

It’s a studio flat and yes the contract names the tenant and states Max one tenant. They have only lived there a month so I’m unsure as to why they didn’t say this from beginning and also not sure what we can do about it now but want to ensure we have done correct paperwork basically

[Confusedlandlord1]

Is there a negative to getting an addendum to the contract and adding her as a joint tenant?

[jpkeates]

Is there a negative to getting an addendum to the contract and adding her as a joint tenant?

Yes, you're going to have a real mess.

If you want to do this, create a completely new joint tenancy and end the other one with a surrender.
You'll need to do a check out and in and reprotect the deposit and serve all of the new tenancy documentation.

You may need to check your insurance and mortgage terms, because it's possible that all adult occupants have to be on the tenancy agreement.

[Confusedlandlord1]

I feel like we have no choice as they have only just moved in so serving notice is not an option. Please can you explain why a new contract is better than an addendum? Happy to do this but would like to understand why.
thanks

[jpkeates]

IPlease can you explain why a new contract is better than an addendum? Happy to do this but would like to understand why.

You're in court and the judge asks when did the boyfriend's tenancy begin and was his deposit protected in line with the requirements of the Housing Act 2004.
You have 5 seconds to come up with the answer.

[ash5050]

Personally not sure what the issue would be with the tenancy staying in the one name. I understand the unhappiness about not being informed but maybe they genuinely didn't decide on living together until after.
Would any wear and tear be judged on one occupier as per the tenancy, maybe you could have a deposit claim if there was more than expected.
If she/they are otherwise good tenants I'm not sure I'd really mind. You're not creating an HMO as it's a studio, maybe just don't rush to judgment?

[Berlingogirl]

I'm with ash5050 on this one. If he's paying the rent and looking after the place I might write to him to remind him that the tenancy is for one person only.

Next time add a bit to your tenancy agreement along the lines of "The tenancy is for single occupancy only. Overnight guests whether agreed or not will incur a charge of £xx per night payable by the named tenant."

I had something like this and it stood up in court. The judge asked specifically for the part of the agreement that said it was for single occupancy only. This was in a HMO, I don't know if that would make any difference though. If you say it's for single occupancy then it's for single occupancy and that's what the tenant agreed.

[ExpertInAField]

Next time add a bit to your tenancy agreement along the lines of "The tenancy is for single occupancy only. Overnight guests whether agreed or not will incur a charge of £xx per night payable by the named tenant.".

Everything above is great advice, but don't do this. I'm pretty sure this would go against the Tenants Fees Act.

[Lawcruncher]

It’s a studio flat and yes the contract names the tenant and states Max one tenant. They have only lived there a month so I’m unsure as to why they didn’t say this from beginning and also not sure what we can do about it now but want to ensure we have done correct paperwork basically

A restriction on one person is not that unreasonable for a studio flat. You have not though said if there is a double bed. If there is there has to be an assumption that the flat was available for two. The basic idea of a residential tenancy is that you let the space to be lived in according to what the property was designed for. If you impose covenants which go against that you are going against the nature of a tenancy.

There is not really any downside to letting the situation continue unchanged.

[jpkeates]

Everything above is great advice, but don't do this. I'm pretty sure this would go against the Tenants Fees Act.

It's OK if it's an optional service that the tenant can avail themselves of if they wish.

I suspect it's actually an unfair term, because having someone stay over is a normal activity, completely distinct from having someone living there for a period.
So if the fee was after the first night, or you get a few days a month free, that might fix that problem.

[Confusedlandlord1]

It’s a studio and the tenancy agreement states that Max occupancy is 1 and does have a clause about it only being lived in by the tenant. We don’t necessarily mind two people living there but wanted to check paperwork is correct. We don’t know if they are a ‘good tenant’ as they’ve only just moved in!
i still feel quite unclear as to what we need to do as it seems there are conflicting opinions - I’m concerned about leaving it in case the named tenant leaves and we essentially have someone living there not on a contract and with no references. What are the downsides to asking them to sign a whole new contract (except paper work for me)?