Should T's adult daughter be a co-tenant?

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    Should T's adult daughter be a co-tenant?

    Since joining and reading LZ recently I wonder if one of my tenancy agreements needs adjusting. I have a good tenant of 7 years on a periodic tenancy, he initially lived in the property alone but about two years ago his adult daughter moved in with him. I wonder if her name should be on the tenancy as well as his? I did ask him about a year ago if I should put her name on the tenancy but he said she would not want this and would be moving out soon, she is still there.

    He is in all respects a good tenant. He looks after the house very well, and apart from a couple of months on HB a while ago he always pays his rent on time.

    Could the fact that another adult lives permanently in the house be a problem for me in the future i.e. if he wanted to move out and she wanted to stay, would she have rights.

    #2
    Originally posted by pinkwallpaper View Post
    Since joining and reading LZ recently I wonder if one of my tenancy agreements needs adjusting. I have a good tenant of 7 years on a periodic tenancy, he initially lived in the property alone but about two years ago his adult daughter moved in with him. I wonder if her name should be on the tenancy as well as his? I did ask him about a year ago if I should put her name on the tenancy but he said she would not want this and would be moving out soon, she is still there.

    He is in all respects a good tenant. He looks after the house very well, and apart from a couple of months on HB a while ago he always pays his rent on time.

    Could the fact that another adult lives permanently in the house be a problem for me in the future i.e. if he wanted to move out and she wanted to stay, would she have rights.
    No, if you required possession, she would have no right to stay.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Originally posted by pinkwallpaper View Post
      Could the fact that another adult lives permanently in the house be a problem for me in the future i.e. if he wanted to move out and she wanted to stay, would she have rights.
      No, if he gave notice but the other person didn't go, he would be liable for rent until she did. His problem, not yours.

      Comment


        #4
        Originally posted by Snorkerz View Post
        No, if he gave notice but the other person didn't go, he would be liable for rent until she did. His problem, not yours.
        Are you sure about that Snorkerz? Would that be the case even if T had withdrawn his consent for her to stay, thus making her a trespasser?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          Are you sure about that Snorkerz? Would that be the case even if T had withdrawn his consent for her to stay, thus making her a trespasser?
          I made that assertion here http://www.landlordzone.co.uk/forums...t=29097&page=2 and seemed to be backed up by others, however there was no "Jeffreyism" so I guess it isn't set in stone until the Maestro gives his comment.

          Comment


            #6
            Originally posted by mind the gap View Post
            Are you sure about that Snorkerz? Would that be the case even if T had withdrawn his consent for her to stay, thus making her a trespasser?
            I've been wondering about this too, when I read that thread about the T with the violent criminal partner who'd locked her out.

            My guess is that if the T has initially allowed the other occupier to live in the rental property, they are ultimately responsible, regardless of whether they've withdrawn their consent or not. And if T wants to end the tenancy, it's T's responsibility to get the other occupier out as well. If they don't then the tenancy continues.

            Or think of it the other way round, if my guess is wrong then it would mean that T could let Mr X live in the property as a non-paying guest, give notice and move out, leaving Mr X behind, with no liability for further rent, and the LL having to evict Mr X as a squatter and losing rent all the while.

            Anyway, just a guess...

            Comment


              #7
              second tenant

              Thanks for your replies, I think I will be ok with them. It made me wonder though when a LA at one of my other properties insisted in putting all names down on tenancy including small children.
              I think the site is really useful but can become addictive, log on and suddenly 30 mins has gone by!

              Comment


                #8
                No, minors cannot hold a legal estate or interest anyway.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                  #9
                  Originally posted by pinkwallpaper View Post
                  I think the site is really useful but can become addictive, log on and suddenly 30 mins has gone by!
                  Yes, be vey careful !
                  A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                  W.Churchill

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                    #10
                    Originally posted by Rodent1 View Post
                    Yes, be vey careful !
                    Esp. with spelling 'very'.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      Esp. with spelling 'very'.

                      Just checking that you are still awake !
                      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                      W.Churchill

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