Tenants' child turns 18. What's to do?

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    Tenants' child turns 18. What's to do?

    Hi Guys,

    Thanks for having me on here.

    These are my details:
    The property is in England

    The tenancy agreement is the Father and Mother with 3 kids in a house!

    The TA started 1/12/2010

    Initial term was for 6 months

    Rent is due 1st of each month

    Damage deposit was paid 1/12/10

    Q7 NA

    I don't live in the property.

    The family that rent my property are very good and have never defaulted on paying and even sorted out gas checks etc while I was going through Chemo and radiotherapy - The question I have is what to do now the eldest has turned 18 and is no longer a minor. Can I get him to sign the bottom of the original TA with that day's date or do I have to end one TA and start another one with the parents and the lad all signing on the same date?

    Thanks in anticipation.

    #2
    Unless there's a reason to have the son as a tenant (because you want to, or your insurance or mortgage requires it) does your tenancy agreement say permission has to be given?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      You need to do nothing, son remains in occupation as 'excluded occupier' (guest) of Ts. IMO.

      Comment


        #4
        There is a widespread misconception that occupants over 18 need to be tenants.

        Comment


          #5
          While it's a misconception that the law requires it, insurance companies and mortgage lenders often do require it.
          Most (maybe many, I haven't checked them all) template tenancy agreements don't allow adults other than tenants to reside without permission.

          Now the landlord is liable for a fine if someone who has no right to reside is living in their property (for new tenancies only for a while), documenting who you think lives there is more important than it used to be.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by jpkeates View Post
            Most (maybe many, I haven't checked them all) template tenancy agreements don't allow adults other than tenants to reside without permission.
            Fine for a bedsit, but oppressive for a three-bedroomed house.

            Comment


              #7
              Just out of interest, are there any circumstances where the son of someone with a full, (not time limited) right to rent would not have that right automatically?

              Comment


                #8
                Originally posted by Lawcruncher View Post
                Fine for a bedsit, but oppressive for a three-bedroomed house.
                This is from the government's agreement template (chosen simply because it's easy to find and quote):

                2.1 The Landlord agrees that, in addition to the Tenant, the following person(s) (who for the avoidance of doubt are not tenant(s)) may live at the Property:
                (a) the Tenant’s children or other dependants who are under 18 years of age at the start of the Tenancy; and
                (b) the following adults (if any):
                Adult 1 (insert name)
                Adult 2 (insert name)
                Referred to in this agreement as “Members of the Tenant’s Household”.
                2.2 The Tenant must not allow any other adults to live at the property without the written consent of the Landlord which must not be unreasonably withheld or delayed.
                2.3 The Tenant must ensure that not more than (insert number) persons live at the Property.
                The restriction is probably aimed more at excluding non-family members than members of the tenant's family, but it would apply nonetheless.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  (a) the Tenant’s children or other dependants who are under 18 years of age at the start of the Tenancy;
                  Children turning 18 at some point are covered by this clause from the model agreement.

                  Comment


                    #10
                    Fair point - bad example!
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Thanks Everyone

                      Thanks guys for all your answers. I will check the Mortgage lenders agreement and see what it says, They're brilliant tenants and i'm sure their attitudes rub off on the lads and i wouldn't have any trouble anyway - but I've learnt the hard way previously so want to do things properly this time.

                      Thanks again everyone

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post
                        Fine for a bedsit, but oppressive for a three-bedroomed house.
                        Not if Tenants were to take in a couple of lodgers and bring a three bed house under HMO regulations. Though, more a fault of rubbish HMO definitions. (Obviously not a problem in current situation.)

                        Comment


                          #13
                          Originally posted by andybenw View Post
                          Not if Tenants were to take in a couple of lodgers and bring a three bed house under HMO regulations. Though, more a fault of rubbish HMO definitions. (Obviously not a problem in current situation.)
                          Who can live in a property and the basis on which they do so are two distinct things. By all means prohibit sub-letting and taking in paying guests or lodgers and overcrowding. However, there should be no restrictions on who can live in a property.

                          Comment

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