Tenant's friend moving in

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    Tenant's friend moving in

    As a complete novice landlord I wondered if anyone with more experience of letting could point me in the right direction with regard to the issue of a tenant's boyfriend/girlfriend moving in?

    I am happy with the tenant who pays on time and is in month 4 of a 6 month AST. She is in a profession, houseproud, and is looking after the property. So I am lucky!

    She has asked if the boyfriend who has on occasion stayed in the property can move in with her. I have no objection but am wondering about the best way to deal with the issue.

    He has no job in the area yet, and I am not sure I would want to add him to the tenancy, in case they split up, she moves on but he doesnt want to.

    Can I simply give her permission as the tenant to allow him to reside at the property as a guest whilst she remains a tenant? Are there any adverse implications of such an approach? I wouldnt want him to acquire any rights. Is it best to put such permission in writing, and is there an accepted form of wording?

    Thanks in anticipation of any help

    Redders

    #2
    There's already plenty on this subject posted so use the search facility.

    Briefly you can allow the boyfriend to occupy (a permitted occupier - put it in writing) until the end of the current fixed term and then draw up a new AST when it expires. You should fully reference him beforehand too (like now!) and if he doesn't have a job then get a guarantor. Do not take any rent off him, only from his girlfriend whilst he is a permitted occupier.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Thanks Paul_f.

      I have tried to search the site to no avail. I have tried "friend" but perhaps need to be more imaginative.

      Is there a potential problem with the boyfriend being a permitted occupier beyond the end of the current 6mth AST?

      The way I see it is that she is a good payer, and he is a risk. So why do I want to add him as a tenant?

      When she eventually gives notice, will his permission to occupy not simply expire at the end of her tenancy? So why do I want to add him to the tenancy if he has no rights anyway when she goes?

      I guess I must be missing something here. Will try and search under "partner" to see if I can find the answer, but if anyone reads this and can help, I would much appreciate it.

      Comment


        #4
        There is no problem allowing him to occupy indefinitely during your tenant's occupation without his being included in any tenancy agreement. He will effectively be your tenant's lodger and he will have no rights. You could write, "I am happy for ... to stay with you as your guest until further notice. He will not be included in any tenancy agreement and your own responsibilities under the existing tenancy agreement will remain unchanged".
        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

        Comment


          #5
          Thanks lawstudent.
          That is really what I wanted to hear.

          I couldnt see any point in referencing him when he is coming over here to look for a job and would need a guarantor if he was to be a co-tenant anyway. As she is a professional, likes the property, wants to stay longer, and is taking care to play things by the book I am not worried about adding him to the tenancy. I would rather not give him any rights at all.

          If he is incapacitated and claiming any benefit, and she charges him rent as a lodger, even though no permission for this has been given under the tenancy, does this alter things in any way? I dont think this is happening by the way, I am just trying to cover all bases. I believe he is looking for work, so any benefit would be short-lived until he finds such.

          redders

          Comment


            #6
            Cant see how she could sub-let to him, but if he is chucking her a few quid towards the rent, thats between them. The only problem here is if you try and get rent insurance, if her income isnt deemed to cover the rental amount. Seeing as she is in anyway, dont really matter.

            Comment


              #7
              Thanks dazalock,

              I didnt actually bother with rent insurance for her in view of my judgement call on her career and manner etc. I doubt he would get it on any new agreement due to him not working, so I cant see the point in trying to straightjacket him into a new joint tenancy when the current one expires.

              So on balance, I think I am going to do a letter along the lines of lawstudent's suggested wording, allowing him to stay on an informal basis as her guest until further notice, which I think at best will give him legally a license to reside there. Unless anyone out there thinks this is folly!

              I have just noticed that the AST agreement does not allow her to assign, or sub-let, part with possession, or let any other person live at the property, so I am no longer concerned about any informal arrangements they make of which I am unaware.

              Thanks to all the contributors to this thread, I have appreciated the support. This is a top site which I would recommend to anyone.

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