Laws regarding overcrowding.

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    Laws regarding overcrowding.

    Hello

    I have recently vetted a prospective Jamaican tenant and have "cleared" her (credit check, bank, employer, id etc.) The tenancy would be in her name only. However, she intends for her mother, daughter and grandaughter to enter Britain and live with her as dependants. The property (house) has 2 bedrooms (1 single, one double). I have some questions/reservations.

    1) Would the property be classed as an HMO? I don't believe so as all 4 persons would constitute 1 family unit.

    2) Would this 2 bed (1 double, 1 single) be considered "overcrowded". Are 3 adults and a child too many for a property this size? Would I be acting unlawfully as landlord?

    3) I underdand there was a proposal for an amendment to the Housing Act to add/remove tenants from an AST. I don't believe this ever became law? (Apologies for my naivety but never had to consider it before in 15 years). In any event, I've advised that her relatives would be able to live with her as "non-paying guests/lodgers" (AST prohibits subletting) until the initial 6 month term is concluded after which they would all have to be named tenants on a new AST.

    Thanks in advance for any advice/clarification.

    #2
    This leaflet explains one councils views on overcrowding and includes specific figures. http://www.barrowbc.gov.uk/pdf/LIPC170706.pdf

    Providing the property has a reception room that could be used for sleeping, I think you will just be okay.

    Comment


      #3
      Thanks Snorkerz. I've printed out your link which pretty much answers point 1 and 2.

      Can anyone clarify point 3? Does anyone have any experience/comments of this "letting" situation.

      John

      Comment


        #4
        Originally posted by John Duff View Post
        Hello

        vetted a prospective Jamaican tenant
        tenancy would be in her name only.
        However, she intends for her mother, daughter and grandaughter to enter Britain and live with her as dependants. The property (house) has 2 bedrooms (1 single, one double). .
        Gut feeling = Don't do it.

        You want to put 4 people in a 2 bedroomed house.

        You want to have 3 people not on the tenancy agreement, who will not leave when asked.

        You do not know if the other unnamed on the tenacy will all be looking to enter Britain illegally.

        You have a 2 bedroom flat so the rent should reflect rent for 2 persons sharing.

        If you want to rent to 4 persons, you want more rent to cover wear and tear ( twice as much wear and tear than 2 persons sharing ).

        You must have ALL persons on the AST, but suggest you look elsewhere for tenants in this instance.

        Comment


          #5
          Originally posted by John Duff View Post
          I've advised that her relatives would be able to live with her as "non-paying guests/lodgers" (AST prohibits subletting) until the initial 6 month term is concluded after which they would all have to be named tenants on a new AST.
          There is no statutory obligation for all the adult occupants to be tenants on the tenancy agreement (and a child cannot sign a tenancy contract).

          It is not subletting if a tenant takes in a paying lodger but does not give them exclusive possession of any part of the property.

          However, if the property is leasehold, there may be provisions in your lease imposing various obligations in respect of lettings. Ditto, mortgage provider and insurer. So you need to check that the letting complies with all their requirements.

          Comment


            #6
            Originally posted by ram View Post
            Gut feeling = Don't do it.
            My feeling too.

            You want to have 3 people not on the tenancy agreement, who will not leave when asked.
            To evict all occupiers, LL need only bring proceedings against the named T; the bailiffs would remove all occupiers, whether named T or not.

            Comment


              #7
              Thanks for your help/info.

              I've considered the higher maintenance cost (wear and tear, admin, etc.) and the prospect of occupiers not interviewed by me albeit family members.

              I'm struggling to find tenants who are "clean/credible". Plenty of applicants, but turned away due to lies on application form, duff credit, income too low,etc.

              My local area has gone from mild undersupply to oversupply due to BTL of flats/2 bed houses. Do I : 1) Slash the rent of a fairly priced and well presented property? 2) Leave the property on the market for 3 months -this is what it took to find a tenant for my last property? 3) Accept a bit of uncertainty

              Rant follows: BTL (in my area at least) has led to too many amateur/amchair/ boast-at-the-dinner-pary-type landlords, some of which haven't a clue about the legal responsibilities of letting. Many are overleveraged and rely only on low BR and high capital growth. A local LA of mine even remarked "There's no money it is; I thing they're doing it for fun really".

              House price growth too rampant due to credit bubble, sentiment and artifical economic conditions due to government/BOE policies. FTB struggle to find a place to buy at a sensible price! Ditto those wishing to climb the ladder! Prudent/savers unfairly penalised! No/low building of sensibly priced family homes in my area! Ditto social housing! The MASS new build marketed to BTL. E.g. local paper an advert entitled "You don't have to be suit to be an investor", "Pay no deposit. Rent guanranteed for 2 years", "Blue chip tenants waiting"............ Meanwhile the labour governement smugly states it's helping young people afford a place of their own - Pass the bucket!!!!

              Fifteen years ago it was easy to let. I learnt all the rules/regs, found all tenants myself, never used a agent, employed a professional attitude throughtout, never had a default with rent, everything from property sourcing, presentation, management/maintenance and book keeping. I borrowed sensibly allowing for voids etc.

              John

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