We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Complicated Letting arrangement - Views?

13

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Do you know/get on with the neighbours? Ask them o let you know how many 'boyfriends' Miss A has visting......

    Unless of course you don't care.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    merlin51 wrote: »
    So we've made a decision - a six month let with all rent paid up front, the company will indemnify for any breaches of the terms by the occupier and full ID check on the occupier. - Terrible! The company has no assets and is a ltd company, so no director liability. and an 'ID' check of the occupier? I suspect whoever gets id checked wont be the occupier, not that is matters, the LTD company can move in anyone they like.

    Whilst not exactly desperate to let quickly the local rental market is currently over supplied because of a huge new development of similar sized flats in arguably a better location than ours so on balance and with eyes wide open we came to the conclusion that we would go with this arrangement and see.

    Thanks for all your sage advice - I allow you to come back and say "told youso" if things go wrong!



    This is a commercial contract, does your mortgage even allow this?
  • gingercordial
    gingercordial Posts: 1,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    merlin51 wrote: »
    So we've made a decision - a six month let with all rent paid up front, the company will indemnify for any breaches of the terms by the occupier and full ID check on the occupier.

    Whilst not exactly desperate to let quickly the local rental market is currently over supplied because of a huge new development of similar sized flats in arguably a better location than ours so on balance and with eyes wide open we came to the conclusion that we would go with this arrangement and see.

    Thanks for all your sage advice - I allow you to come back and say "told youso" if things go wrong!

    Since you've ignored everyone... :huh:

    Do you need to do right to rent checks on Miss A (genuine question, I don't know for a commercial tenancy) and will she pass, if she isn't who they claim she is?

    https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Since you've ignored everyone... :huh:

    Do you need to do right to rent checks on Miss A (genuine question, I don't know for a commercial tenancy) and will she pass, if she isn't who they claim she is?

    https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check



    This is complex, as the OP knows Miss A will be an occupant, and should therefore do the right to rent check, BUT going forward the LL is X(XX) ltd and they would be liable.
  • merlin51
    merlin51 Posts: 16 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    we don't have a mortgage

    Yes, Right to Rent checks have been done on the occupier

    I posted to see if we had thought of all the possible ramifications - and the replies confirmed all the issues we were uncertain about - no further issues. As I said it was a judgment call for us, so not deliberately ignoring just exploring the issues! We went one way, I apprecxiate others would not.
  • merlin51
    merlin51 Posts: 16 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    And the occupier is named in the lease with a provision that no-one else can live there without permission
  • Guest101
    Guest101 Posts: 15,764 Forumite
    merlin51 wrote: »
    And the occupier is named in the lease with a provision that no-one else can live there without permission



    And what will you do when that isn't the case?


    You see in normal AST situations, the LL cant dictate really who can and cant live there. The tenant decides that. In a commercial lease you lose the right to decide that, you have leased it to a company, and they can choose
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Guest101 wrote: »
    You see in normal AST situations, the LL cant dictate really who can and cant live there. The tenant decides that. In a commercial lease you lose the right to decide that, you have leased it to a company, and they can choose
    I read it as the OP is letting to the daughter, with the company as guarantor? So a standard AST.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    davidmcn wrote: »
    I read it as the OP is letting to the daughter, with the company as guarantor? So a standard AST.



    She's referred to as the 'occupier' rather than tenant, which is what gets me thinking.
  • merlin51
    merlin51 Posts: 16 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    it is a corporate let with the occupier named (as opposed to "any employee")

    Our comeback is on the company - because their only client is the occupier's Dad I'm not sure they will want the aggro and embarrassment of any problems arising out of this arrangement. Anyway, as I have said it was a close judgment call - we have gone with it (and have money in the bank today!) and we will see
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604.1K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.