Help? Tenants asking to change to Permitted Occupiers to help with housing benefit???

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  • #16
    If the sons become permitted occupiers, they are the mother's lodgers, so you would evict the mother, ie end her tenancy, and they would have no rights to stay. You may have the hire baillifs to enforce the eviction, but they would evict everyone at the same time.

    Why are you still considering this when others have told you of the pitfalls?

    For maximum security, you need all 3 of them on the tenancy to give them all liability for all of the rent. If mum only is named, and her payments dry up, benefit stops for any reason etc, you cannot claim against the sons for anything as they would have no agreement with you!

    Similarly, any other damage or loss can only be claimed against your tenant - Mum - so this also reduces your control over the property and chances of redress if anything goes wrong.

    What benefit do you hope to gain for yourself from doing this? Please don't let tenants dictate how you manage your property!

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    • #17
      Thanks LesleyAnne, I guess I'm considering it because I want to keep them happy and do what I can to help them. However at the same time do not want to risk my own position so will have to stand firm.

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      • #18
        You say you're a novice, so please take advice from more experienced LLs on this forum and refuse the T's request. You do not have to 'keep them happy' at the cost of putting yourself in a less advantageous position. All you have to do is say that you have considered their request and you're sorry but the answer is no. And that's the end of it; no 'standing firm' necessary.

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        • #19
          As above, you do not have to keep the tenants happy. They applied to rent your property on the terms you offered it, and now trying to manipulate a loophole (and you) into changing those terms. If they were happy to take it as it was, then you do not have to change anything to make them happier!

          Also, remember that lodgers can leave with very short notice (none in fact if mum was happy for them to go). So, a few months time, son No 1 finds a partner and moves in with them, then a few weeks later son No 2 finds a job in another part of the country and moves away. You are left with 1 tenant who may not be able to afford the rent! If you have them all named on the same joint tenancy, and one wants to leave, they have to give you formal notice, and that ends the tenancy for all of them. It is of course, then up to you whether you want to provide a new tenancy to the mum and/or remaining son, or find new tenants.

          The only ones gaining from this are the tenants - don't do it!

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          • #20
            I agree with Paul f. the more over 18s you've got, the more people you've got to chase for arrears etc. Voice of experience speaking here!

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            • #21
              Originally posted by LesleyAnne View Post
              If you have them all named on the same joint tenancy, and one wants to leave, they have to give you formal notice, and that ends the tenancy for all of them.
              To clarify for OP, this only applies during a periodic tenancy. During the fixed term, the tenant(s) cannot give notice to end the tenancy (not unless there is a break clause, in which case all the joint tenants would have to jointly serve notice under the break clause).

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