Tenant has unauthorised occupant

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    Tenant has unauthorised occupant

    I recently found out my tenant has a unauthorised occupant (housemate) and has not obtained permission. We found out this by chance when the agent and myself made an appointment with the tenant to access the property to check on some recent property repairs.

    My tenant has been living in the property just over 10 years and has always paid rent on time and is on a periordic AST.

    We (Agent) have asked for tenant and housemate to fill out a new application form for new joint tenacy agreement but she has ignored our request.

    If i issue her with a section 21 notice what is my situation regarding her housemate? I dont know who it is.

    #2
    My tenant has been living in the property just over 10 years and has always paid rent on time and is on a periordic AST.
    In other words a good long term tenant. Why do you want to rock the boat.?

    There is nothing to stop you issuing a S21 but nose, cut, and face come to mind.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      I think I am being reasonable by asking the tenant and her house mate to have new joint tenancy agreement.

      Still want to know where I stand with teh housemate.

      Comment


        #4
        Because your tenant is entitled to have a guest in her own home, yes her own home. It may be your property but while it's rented your tenant has all the benefits. How do you know this is a long term thing?

        If you issue a S21 you are running the risk of voids and costs of re-decorating and bringing the place up to a fresh acceptable standard, not to even mention the possibility of getting a tenant that does not pay the rent.

        Best leave well alone if you're getting the rent every month.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #5
          Having a joint agreement would mean they would both be liable for the rent. So i just cant see what difference it makes here.

          I dont know if it is a long term thing, all i am aware is that when we were confronted with the house mate she indicated it was her home.

          Comment


            #6
            I do see your reasoning, but there seems to be no reason why the tenant should even want to sign a joint agreement, that would be costing her because your agent is not going to do it for free.

            Her guest may not pass the reference checks, it would mean that you have to return and re-take the deposit. In other words a lot of messing around just to make her guest responsible for the rent as well as her.

            Her guest may not want a formal tenancy but prefer to be footloose and fancy free.

            You are getting your rent and if there are problems in the future you will be able to get rid of both of them by evicting your tenant, the other one would have to go as well because she has no right of tenure. If you have a joint tenancy then you still have to get rid of both in case of problems anyway.
            I offer no guarantee that anything I say is correct. wysiwyg

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              #7
              I think that is what i was worried about whether the house mate would have right of tenure.

              I guess the agent is advising on joint tenancy agreement to make money.

              Thanks

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                #8
                I wholly agree with JTA. Tenant of ten years duration means you are a lucky LL!! Leave well alone, not your problem as it is "her" house. Ignore agent he probably trying to justify his fee!!! Apart from a bit of wear and tear the current situation is costing you nothing...i suggest!!!

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