New AST, or variation addendum to existing SPT?

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    New AST, or variation addendum to existing SPT?

    For the last 6 years I have owned a residential property which I have let. The current tenant - a single Dad - has been occupying the house for the last three and a half years and is on an SPT. He has been a very good tenant. However, at a recent Inspection, I discovered that now he has a partner and she had moved in to the property with her kids. She doesn't work and no longer lives at a housing association property in a neighbouring County. I have asked for Identity documents in order to satisfy the Right to Rent and am meeting with them to inspect and copy documents shortly.

    It has been suggested to me that once Identity and R2R can be confirmed, I should allow her to become a named "Permitted Occupant" on a new AST which would take the place of the current SPT, thereby not conferring on her any individual rights to tenancy should the original named tenant (currently her partner) move out of the property leaving her still living there. I understand this as a precaution against acquiring a difficult to remove sitting tenant.

    Is the AST route the best way forward? Instead of drawing up a new AST (which will be for a year) can I not issue an addendum clause to the current SPT setting out that she is a Permitted Occupant? Would this have the same effect as a new AST?

    Any advice welcomed! My lettings have all be straightforward until this!

    #2
    In your shoes I'd let the current AST continue periodic for a bit, see how things go - then maybe after 6 months of no issues and perhaps her getting a job do a joint tenancy AST. Having 2 people to sue rather than just one seems an advantage to me.

    I'd also request permission to get reference from Housing assoc... her reaction might be telling..

    For someone to give up a more secure (than private) tenancy which is cheaper raises questions for many...

    Excuse my cynicism but I bet she does work, somewhere, somehow...
    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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      #3
      I would do nothing on the paperwork side, as you have nothing to gain (since she does not officially work), up the rent to compensate for the additional wear and tear.

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        #4
        Originally posted by Bashful Billy View Post

        It has been suggested to me that once Identity and R2R can be confirmed, I should allow her to become a named "Permitted Occupant"

        Who has suggested it to you?

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          #5
          Completely unnecessary. Just write them a letter naming her as a permitted occupier. Remember to not take any rent from her.

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