Urgent housing advice regarding letting agent and landlord

djpleasure

Just read through my tenancy agreement, which I assume still applies even though its now periodic.

Only clauses I can find relating to a second person are:

3:10 Not to assign sublet or otherwise part with possession of the whole or part of the property

3:11 To use the property as a single private dwelling and not to use it or any part of it for any other purpose including any illegal or immoral purposes

Also:

The Landlord grants the tenancy of the property to the Tenant upon the condition that the
Tenant holds insurance that the Landlord or the Landlord’s Agent considers adequate to
protect against accidental damage caused by the Tenant to the Landlord’s furniture and the
Landlord’s fixtures and fittings at the property.

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There is no mention that I have to notify if I have a live-in carer
I am not sub letting or parting with any of the property
It is a single dwelling

I do have valid contents insurance

Or am i missing something?

tom9980

I would either ignore them or tell them firmly that the carer is not a tenant and never will be so you will not sign a new tenancy or undergo referencing again for them.

I would suggest this is agent led money grabbing, the insurance issue even if true is the landlords problem not yours. At worst they evict you and you move up the housing waiting list so I would tell them to jog on.

clarky_cat

I renewed my landlords insurance recently, at no point was I asked how many occupants were living in the property. As others have said, this part smells of B.S.

theartfullodger

clarky_cat wrote: »

I renewed my landlords insurance recently, at no point was I asked how many occupants were living in the property. As others have said, this part smells of B.S.

Agree:

I'm asked about students, those unemployed, working people bit can't recall ever being asked how many in a house in 16 years or landlording.

westernpromise

Agree with those who say it sounds like a money grab.

As your carer is not liable for the rent, I don't see why addtion to the tenancy agreement is called for.

Physics

Your carer is a guest. He/she might well be a long-term guest, but unless your tenancy agreement forbids guests, there's no need for your landlord to even know about him/her.

Chrysalis

Mossfarr wrote: »

Your carer does not have to be added to your tenancy. The landlord can just give permission for her to live there with you, she would not be required to provide references or income details as she wouldn't have any rights as a tenant.
Highly unlikely that the Landlord insurance will be affected by a second occupant - unless its a HMO - in which case her presence may exceed the total number of occupants allowed for the premises. (I'm a landlord and I have never been asked by insurance providers how many people occupy my properties).
If I were you I'd just let them evict you - that way the local authority will have to rehouse you in a property more approporiate to your needs.

What a sad state of affairs I bet you are shocked as a good landlord at how rogue agencies operate, seems they just trying to profit as much as possible, I think your advice is good. Sadly tho the eviction process is probably going to be painful and may involve a temporary period of living rough.

gingercordial

I would also think that you don't want your carer to become a fellow tenant (and nor would she) because things would get a lot more complicated if you wanted to fire her/she wanted to leave for another position. I don't know what kind of notice you'd have to give to replace her as your carer, but you don't want to add in the complexities of her giving or refusing to give notice as a joint tenant on top of that. Similarly if she were a joint tenant and left to pursue other career options she'd have to work things out with you about giving notice on the tenancy and you signing a new one by yourself or she could remain liable for rent. Another reason to say no.

Socksey

I'm not sure if this applies everywhere but landlords in Wales are now required to do checks that everyone living in a property is legally allowed to live in the UK.... so the fees etc may be associated with something like that. It should be just checking and copying the passport but the agent may be making a palaver of it.

djpleasure

I made some enquires via "Shelter" amazed I got a response so quick, I have emphasised to letting agent no intention of making carer a tenant. I have pasted below an excerpt of the email from shelter, it may also be of use to others in the future. I am yet to hear back a response from letting agent.
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If you remain in the property the tenancy continues on a month to month basis with no fixed end date you automatically become a statutory periodic assured shorthold tenant without the landlord or the tenant having to do anything—the terms of the original contract, if they are fair can still be relied on.

So even though your original fixed term has expired you still have a valid assured shorthold tenancy, which does raise some questions about the letting agent’s request.

Firstly a tenancy agreement is a legally binding contract, you cannot simply add or subtract names from the contract. If the landlord wants a joint tenancy to be put in place your current tenancy would have to be lawfully brought to an end by you offering a notice to quit or the landlord serving a notice seeking possession and then a new joint contract being entered into.

There is no legal requirement for you to enter into a joint tenancy agreement just because you are allowing a carer to live with you—your landlords insurance does not over right housing law nor are you legally obligated to provide personal information of your carer to the letting agents as your carer holds no liability towards the tenancy.

Secondly as an assured shorthold tenant you have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to—essentially you get to say who comes and goes from your home.

This is known as the right of 'quiet enjoyment' of the tenancy. This is an implied contractual right whether or not it is written into your tenancy agreement.

Your contract may try and prohibit you from sharing your home however as this term is trying to remove you right to quiet enjoyment it is unlikely to be enforceable so if the landlord doesn’t want to two people living in the property—and you do not agree to a joint tenancy the landlord may take steps to recover vacant possession of the tenancy under section.21 of the housing act. Section.21 allows a landlord of an assured shorthold tenancy to recover the property without having to offer a reason. Ultimately possession is inevitable under section.21 however you can use delaying tactics that may buy you enough time to remain in the property until such time your new accommodation is available.