Prospective new tenant: boyfriend issue...?

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    Prospective new tenant: boyfriend issue...?

    I've vetted a prospective new tenant this week. Looks really good, and I'm poised to offer her a tenancy. However, I've just been speaking to her current LL. The call went well, everything backed up what she'd told me and what I had gleaned but for one point. The LL said "... and she even had the gumption to ask me first whether it was OK to move her boyfriend in. Now that rather contradicts what she already told me when I asked her who'd be living in the house - "just me, but my boyfriend will stay over sometimes". Now I know this is the same lad, and I her prime motive for leaving (as told to me and current LL) is to get a bigger place - therefore it doesn't take a genius to work out that once she's got the tenancy with me, she'll either move the boyfriend in on the quiet, or ask me for permission to do so.

    Now I have met the lad in question and have no particular problem with him; however I get the impression that his income wouldn't pass my tenant screening process - ie, if I included him on the tenancy agreement as a tenant, then if the couple should separate and she moved out, then I'd be lumbered with him as an unsuitable tenant.

    Would appreciate some advice as to how to proceed!

    My standard AST (an RLA one) has a clause which states:
    "4. We will let the property to you, and only you and ***************** will be allowed to live there.

    If I was to name the boyfriend in this clause, is that a way round this problem? Or does that constitute giving him tenants' rights?

    If not, what happens if she just moves him in and I turn a blind eye to it?

    Any other thoughts? This girl seems a really good prospect and I really don't want to reject her on what is at present just a hypothetical scenario! But I don't want to get caught out either.

    #2
    Why not just let it to her and see what happens? You do not need to include the bf on the tenancy agreement even if he does move in, in which case he would simply be your tenant's guest and would have no security.
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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      #3
      Originally posted by lawstudent
      Why not just let it to her and see what happens? You do not need to include the bf on the tenancy agreement even if he does move in, in which case he would simply be your tenant's guest and would have no security.
      Well that would be fine by me certainly, if that's definitely the case: but isn't there a point where someone ceases to be a 'guest' if they are clearly permanently resident? (and thereby gaining some form of security?)

      If she asks later if the bf can move in, can I say 'no, sorry, but of course you can have him to stay as a guest whenever you like'?!

      Comment


        #4
        Eric, my boss has been through this.. a guest is a guest as long as they want! One of his tenants moved someone in .. its all very complex as it crosses over into a business relationship. TH elong and the short of it though is that a tenant can have a guest to stay forever if they so chose! BUT that Guest does not have any rights to the property.
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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          #5
          However, they would have limited rights to the property and if the girlfriend on the tenancy moved out and left the boyfriend there, you would have to go to court to recover the property.

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            #6
            The boyfriend, if left behind in the property, would have no legal rights to the property BUT it is unlawful to evict someone without a court order - so unless he left voluntarily, the landlord would have to go through the possession process against the original tenant proper and naming (if name known) or identifying there is an unknown male living in the property who has no right to be there.

            Comment


              #7
              OK, thanks everyone: I reckon I'm going to go with this. I think there are enough hypotheticals in between the present and a court order!:
              1. she decides to move in the boyfriend
              2. she and boyfriend split up
              3. she moves out of what is her house and leaves him behind
              4. boyfriend won't leave and is unable or unwilling to pay the rent

              Famous last words.... watch this space in 12 months time when I'm back: "Er - remember that query I asked you about...??"

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