Tenant wants partner to move in

pinklady21

Hello all
Quick question from a landlord in Scotland:
My tenant of around a year has announced she wants her partner to move in, and can I add him to the lease.
My thoughts on this are:
I didn't want a couple in the flat, preferring a single tenant.
However, she has been a reasonable tenant, so I would be prepared to grant permission for him to live there.
I am not minded to alter the lease to add his name though.

Does this sound reasonable and am I asking for trouble by not putting his name on the lease?
This is the relevant clause in the current lease:
SUBLETTING & LODGERS
The Tenant agrees not to:
i. assign this tenancy to any other person; or
ii. sublet the accommodation in whole or in part; or
iii. take in lodgers or paying guests; or
iv. allow other persons to share the occupation of the premises, whether or not for payment, without the prior written consent of the Landlord.


Comments and thoughts welcomed!
Thanks.

Guest101

I don't know the details on Scottish law, but in England that clause would not be enforceable.


(certainly not part 4 anyway)


Pixie may be along to help shortly.

westernpromise

Scottish law may be different but broadly I would have thought two names would be better than one for you? - because then they are jointly and severally liable for the rent. So if one loses his/her job, the other has to pay.

Pixie5740

I think landlord's in Scotland can have those clauses in tenancy agreements. Mind you he'd be neither a sub-tenant nor a lodger but the tenant's boyfriend/partner/whatever.

http://scotland.shelter.org.uk/get_advice/advice_topics/families_and_households/living_together/moving_in_together

You don't have to add him to the tenancy agreement. If you did add him then you'd have two people equally responsible for paying the rent. If you don't add him them it would be easier for the current tenant to get him to leave if the relationship goes down the pooper. Swings and roundabouts really.

If she's been a good tenant then I'd just say yes to him moving in. Better the devil you know.

HappyMJ

pinklady21 wrote: »

Hello all
Quick question from a landlord in Scotland:
My tenant of around a year has announced she wants her partner to move in, and can I add him to the lease.
My thoughts on this are:
I didn't want a couple in the flat, preferring a single tenant.
However, she has been a reasonable tenant, so I would be prepared to grant permission for him to live there.
I am not minded to alter the lease to add his name though.

Does this sound reasonable and am I asking for trouble by not putting his name on the lease?
This is the relevant clause in the current lease:
SUBLETTING & LODGERS
The Tenant agrees not to:
i. assign this tenancy to any other person; or
ii. sublet the accommodation in whole or in part; or
iii. take in lodgers or paying guests; or
iv. allow other persons to share the occupation of the premises, whether or not for payment, without the prior written consent of the Landlord.


Comments and thoughts welcomed!
Thanks.

Why only single people? People form and break relationships all the time.

I would allow him to be added to the tenancy as a joint tenant. It allows you to chase either of them for the rent if the rent is ever late. It may mean though that she could leave and he stays on in the tenancy. He may then form another relationship and move a new partner in....but that's what people do in life. You can't prevent that.

If you don't want him to live there the only real option open to you is to ask your tenant to leave at or after the end of any fixed term you may have.

theartfullodger

That wording is pretty standard in Scotland, even being in the free example SaT Edinburgh Council provide, pointed to off Scottish Government sponsored & funded renting site
https://rentingscotland.org/articles/tenancy-agreements
&
http://www.edinburgh.gov.uk/downloads/download/500/short_assured_tenancy_pack

11.3 SUBLETTING & LODGERS
The Tenant agrees not to:
i. assign this tenancy to any other person; or
ii. sublet the accommodation in whole or in part; or
iii. take in lodgers or paying guests; or
iv. allow other persons to share the occupation of the premises, whether or
not for payment, without the prior written consent of the Landlord.
....

I would pop round for a chat (if they are happy with that..) see what he's like, does he have a real PAYE job & if happy propose credit checking him (your cost, unlawful to charge tenants in Scotland) & if OK then a new SaT in both names, slightly higher rent: With both names you've got more chance of getting any unpaid money. You'll need to do inventory check-out/in again, return deposit, new deposit (good chance for thorough inspection).

"Adding" a name to current tenancy is I think messy: At least one of the main Landlord associations has no forms for doing it..

pinklady21

Thanks for the replies. It is becoming slightly more curious - apparently she is going abroad to marry him over the course of the next few weeks. Not sure when he is coming here to live with her.
Does that fact that he will be her husband make any difference?

tom9980

pinklady21 wrote: »

Thanks for the replies. It is becoming slightly more curious - apparently she is going abroad to marry him over the course of the next few weeks. Not sure when he is coming here to live with her.
Does that fact that he will be her husband make any difference?

The Immigration Act 2014 means you MUST check his right to rent in the UK

https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice

pinklady21

Does this legislation apply in Scotland?

theartfullodger

tom9980 wrote: »

The Immigration Act 2014 means you MUST check his right to rent in the UK

https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice

No, not in Scotland...

Having said that, in your shoes I'd take copies of any passports & visas....

antrobus

theartfullodger wrote: »

No, not in Scotland...

Having said that, in your shoes I'd take copies of any passports & visas....

Good idea.


My understanding is that although the legislation does not yet apply in Scotland, it will be applied at some time in the near future.