My Father is coming to stay with me but the TA says no vistors permited for more than 3 weeks.

bflare

I am due to move into a rented property next month. There are various reasons why I am moving one of which is that my current one bed apartment is too small & I have a young son who stays with me once or twice per week. He is at the age where he really needs his own bedroom. The other reason is that my dad of 61 is moving back from Italy to England due to his mobility being poor. He finds it hard to walk long distances & climb stairs. The plan was to let him stay with me & get him an appointment with the relevant agencies to see what benefits he can claim & get him onto the housing list for accommodation asap. I understand that this may take time & may not be a quick turnaround. He has no family apart from me & I cannot see him homeless, but I also could not have him sleep on my couch in my current property. So, I made the decision that this would be an ideal time to move to a bigger property. At no point did I consider whether a LL / LA would allow someone to stay at me property for what could be a few months. I went to apply for the place & the EA & I mentioned that my father maybe staying with me. At first she said he would have to be referenced to until I said it would be temporary & he wouldn’t be paying any rent or bills at which point she told me not to bother.
I have now received a copy of the TA a clause says that no visitor is allowed to stay for longer than 3 weeks in any 3 month period.
This has set me off panicking now because I have no idea how long he might be staying & I do not want to cause any issues with the LL / EA. I have googled the clause & I have found 2 separate TA’s from 2 different companies with the exact same layout, wording & clauses which makes me think that the TA is just a general one that the EA uses & this is not a specific request from the LL. The TA also says no pets but the current owner had a cat so I am assuming the LL is flexible?



What would people advise me to do?

I hope people understand that I am not trying to con anyone or deceive the LL I am just trying to help my Father who is not in the best of health. I have been a good tenant in my current property for over 6 years so I am confident my father & I will cause no issues in the new property.

Comms69

bflare wrote: »

I am due to move into a rented property next month. There are various reasons why I am moving one of which is that my current one bed apartment is too small & I have a young son who stays with me once or twice per week. He is at the age where he really needs his own bedroom. The other reason is that my dad of 61 is moving back from Italy to England due to his mobility being poor. He finds it hard to walk long distances & climb stairs. The plan was to let him stay with me & get him an appointment with the relevant agencies to see what benefits he can claim & get him onto the housing list for accommodation asap. - I believe he needs to claim in Italy, as he would not be eligible for benefits for 3 months here. I understand that this may take time & may not be a quick turnaround. He has no family apart from me & I cannot see him homeless, but I also could not have him sleep on my couch in my current property. So, I made the decision that this would be an ideal time to move to a bigger property. At no point did I consider whether a LL / LA would allow someone to stay at me property for what could be a few months. I went to apply for the place & the EA & I mentioned that my father maybe staying with me. At first she said he would have to be referenced to until I said it would be temporary & he wouldn’t be paying any rent or bills at which point she told me not to bother. - and indeed, you don't need to mention anything to anyone. Unless you plan on sharing your mealtimes, or toilet habits as well...
I have now received a copy of the TA a clause says that no visitor is allowed to stay for longer than 3 weeks in any 3 month period. - unlawful and unenforceable
This has set me off panicking now because I have no idea how long he might be staying & I do not want to cause any issues with the LL / EA. I have googled the clause & I have found 2 separate TA’s from 2 different companies with the exact same layout, wording & clauses which makes me think that the TA is just a general one that the EA uses & this is not a specific request from the LL. The TA also says no pets but the current owner had a cat so I am assuming the LL is flexible? - just ignore it



What would people advise me to do? - just ignore it

I hope people understand that I am not trying to con anyone or deceive the LL - couldn't care less if you were I am just trying to help my Father who is not in the best of health. I have been a good tenant in my current property for over 6 years so I am confident my father & I will cause no issues in the new property.

relax it'll be fine

bflare

Comms69 wrote: »

relax it'll be fine

Thank you for your reply & reassurance.

parkrunner

As usual Comms69 is correct. However if they do find out you probably won't be offered a tenancy renewal or a good reference. It's your call.

Comms69

parkrunner wrote: »

As usual Comms69 is correct. However if they do find out you probably won't be offered a tenancy renewal or a good reference. It's your call.

never get tired of reading this

G_M

A clause limiting a visitor to 3 weeks would be unenforceable. It's your home so you can invite visitors as you wish. You have the right to 'quiet enjoyment' of your home which means the right to benefit from the property as your home without undue interference from your landlord.


BUT. It seems from what you've written that your father is not really a 'visitor'. He is migrating from Italy to the UK. He is giving up his home in Italy. He has no home in the UK. So your property will be his 'main residence'.


Now, even in those circumstances it is not easy for a landlord to either evict the unauthorised resident, or to end the tenancy, but it is certainly likely that the LL will do so when the fixed term ends.

bflare

G_M wrote: »

A clause limiting a visitor to 3 weeks would be unenforceable. It's your home so you can invite visitors as you wish. You have the right to 'quiet enjoyment' of your home which means the right to benefit from the property as your home without undue interference from your landlord.


BUT. It seems from what you've written that your father is not really a 'visitor'. He is migrating from Italy to the UK. He is giving up his home in Italy. He has no home in the UK. So your property will be his 'main residence'.


Now, even in those circumstances it is not easy for a landlord to either evict the unauthorised resident, or to end the tenancy, but it is certainly likely that the LL will do so when the fixed term ends.

I am hoping him staying will be a short term thing. It did not cross my mind that there would be an issue with him staying & I certainly didn't think there would be a clause in any agreement. Is it worth mentioning the possibility of him staying longer than 3 weeks to the EA but I honestly have no idea how long he is likely to stay.

D_M_E

Thought I remembered this - it's a continuation of

https://forums.moneysavingexpert.com/discussion/5893172/my-dad-60-is-moving-back-to-england-need-some-advice-please

bflare

D_M_E wrote: »

Thought I remembered this - it's a continuation of

https://forums.moneysavingexpert.com/discussion/5893172/my-dad-60-is-moving-back-to-england-need-some-advice-please

Yep that is correct & I mentioned this in my above post. I took the decision to find a bigger place before he moved back & after checking the TA I discovered the clause hence asking advice on here.

jackieblack

If he's considered to have a home with you, there's little prospect of him getting anywhere on the housing list

bflare

jackieblack wrote: »

If he's considered to have a home with you, there's little prospect of him getting anywhere on the housing list

So what are my options? Also, the tenancy agreement says he can only stay for 3 weeks which is my original question & this can be shown to the housing authority.