Joint tenancy or blind eye to guest

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    Joint tenancy or blind eye to guest

    I am a private landlord who is about to rent a property to elderly lady who has a suitable guarantor. The lady in question has a good reputation in the area and I am sure she will be a good tenant. However, I have reason to believe that she intends to reside at the property with her grandson. The tenancy agreement is from the BPF and clause 32 includes:

    You must not transfer this tenancy to anyone else or take in lodgers, sublet, give up or share any part of the premises within the first three months of the tenancy. If you wish to do any of the above after the first three months you must first get our or our managing agent's permission in writing.

    The fact that I have a sole tenant but two occupiers does not really concern me. However, if I have to evict the grandmother (the tenant) am I also able to evict/remove the grandson should he become troublesome? Or because he has resided there has he acquired some kind of legal right to occupy the premises? Would I better getting a joint tenancy?

    Thanks in advance

    #2
    My instinct would be to get him on the agreement, but that said it probably wouldn't be an issue if you have been told (preferably in writing) that he's just a visitor.

    The moment you accept rent from him however, you will be acknowledging him as a tenant and a contract will exist between you and he will have statutory rights of tenure. So be careful!

    I wonder though, if he is moving in permanently, why would she not want his name on the agreement?
    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

    Comment


      #3
      Hi. Thank you for your reply. I don't think its a case she wouldn't want him on the agreement. I think they are in a mother/son situation and the young man will no doubt soon fly the nest. I just want to be sure he doesn't earn a legal right to stay in my premises. If the answer is a joint tenancy I will suggest it. But if he is resident by breach of contract of his grandmother and can be evicted 'easily' I am happy with a single tenancy.

      Comment


        #4
        No court - if she turned up - would grant possession on that ground alone.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Is the grandson over 18?

          The quoted clause 32 is only valid if she charges g'son rent from start.
          Why does it allow MA alone to give permission? Also Ts request should be by letter also IMO

          It is a difficult clause to drafr for this T as a close relative can be a 'guest' for a long time and an elderly lady may require a live in nurse at some time, if she can afford it.

          If g'son were a joint T then he could give NTQ after end of fixed term, which would terminate T for both, much to old lady's distress.

          Maybe go with single named T, or ask her what g'son intends & poss increase rent at start if she says g'son will be moving in with her. £5/wk increase should compensate you for g'sons extra fair wear & tear.
          If g'son later gets 'difficult' you remove (evict) her and g'son. He does not gain any additional 'rights' by just living there. IMO

          Comment


            #6
            What does the lady say about her grandson living at the property?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment

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