X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Legal FAQs

    Tenant letting friend live at property

    A single man rented a house from me 6 months ago.  His AST is for 12 months and clearly states that he is the only tenant with no permitted occupiers.

    A couple of days ago I inspected the property knowing that the tenant would not be there but that his friend would let me in.  However, the friend told me that she had just moved in and was still unpacking and apologised for the mess.  She seems like a nice enough lady but I was a bit surprised at the situation, especially as the tenant is hardly ever there due to recently starting a new job 50 miles away.

    The problem is that my insurance has now been invalidated as it only covers the property if all adults are on the AST.

    I've given the tenant 3 options: 1) they start a new AST with both names on meaning that the lady will have to be referenced etc., 2) the friend leaves or 3) I evict both of them.  Unfortunately, the tenant is ignoring my emails now and won't agree to any option!  I think he no longer needs the property and is subletting to his 'friend' until she finds somewhere of her own.  He has explained it as 'his friend has fallen on hard times and he's helping her out, not subletting because she's almost family and doesn't pay him'.

    As there is still 6 months left on the AST, I believe my only option is to serve a Section 8.  This means they could be there for months and meanwhile my property is uninsured.

    Any suggestions or advice please?

    Thanks.

    0
    0

    While you sort it out, you might be better off finding some other insurance that isn't quite so restrictive.

    I suspect you will struggle to get repossession on the discretionary ground related to a breach of the tenancy agreement terms. I'd probably wait and use s21 unless the tenant stops paying rent.


    4
    0

    I prob would turn a blind eye to it and assume she is his partner who stays occasionally (as long as rent paid and house looked after).

    1
    0

    Another example of why 6 months should be the max for an AST.


    Issue s8g12 TODAY! Tenant may take the hint (don't take to court).

    s21 when you can.  More regular inspections

    No reference of a full, honest one.

    3
    0
    I’ve just had a look at my various landlords insurances and there isn’t a condition on any of them that says everybody staying in the house has to be named on the tenancy agreement . 
            Anyway what does your insurance company define by ‘staying’ at the property ?
              If your tenant gets lucky on a night out can you imagine him or any other tenant in the history renting ever saying ‘ I would love you to come back to mine for a coffee but I’d be breaking my tenancy agreement if you stayed overnight so you’ll have to get a taxi home ‘.
                        We need to get real and accept the fluidity of modern day relationships and find insurance companies that are flexible or at the very least not too specific on their small  print about who can come and go .
                        Thinking about it , any insurance with such a tight stipulations would probably have them to use them as an excuse not to pay out if you ever made a claim as all their  investigator would have to do is knock on a neighbours door and ask ‘ does anyone ever stay next door apart from Mr Smith ‘ and then knock your  claim back claiming you had broken the terms and conditions of the policy .
               In my opinion if the rent is getting paid and you aren’t getting any complaints from neighbours and there isn’t anything to suggest there is some sort of criminal enterprise going on then we need to chill out and not look for problems otherwise it could be said that you need to be parked up outside your property all night and every night just to be sure your insurance conditions aren’t being broken ! 
         
    2
    0

    The lady is there all the time and has been for a couple of months. She told me she's moved in.  She definitely lives there.
    0
    0
    Personally I would prefer the property to be occupied rather than empty as it means there is someone to keep an eye on the place. I'd treat it as a temporary girlfriend situation and change to a less restrictive insurance policy.
    0
    0

    Dear Debicj,

    You are on the right track.  Getting both names on the lease is a reasonable request.
     
    Have been a landlord for over ten years.  When a tenant has little regard for the terms of the lease and doesn’t work constructively with landlord to resolve matters, there may be some turbulence ahead.  

    Best wishes pete
    1
    0

    Pete

    The Astute Landlord

    personally if the occupants are behaving and rent is being paid i’d let things run on, if the named tenant claims the new occupier is a good friend it’d be difficult to reasonably withhold consent if there are no problems, sometimes to easy to get worked up about something that often just needs an eye kept on it to see how things progress. If rent is paid and no complaints along with property being looked after, you’ve still got a good tenant.
    0
    0
    Unfortunately I phoned my insurance company to check and they suspended insurance on that property until both people are on the tenancy agreement so ignoring the situation is not an option. 

    The original tenant has now agreed to a new ast in both names so hopefully that will solve the problem. 

    This just goes to show how easy it is for somebody to rent somewhere for somebody else to live in though, so you never really know who will be living at your property despite carrying out referencing etc.

    I don't think the lady is his girlfriend. He's not there (I know this as I live very close by) and I think he's subletting but obviously not admitting it.
    0
    0

    So they will now both be jointly and severally liable for rent - as well as the 1/3rd increase in Council Tax.

    0
    0