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Adding a new tenant?

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anitairene
anitairene Posts: 3 Newbie
in House buying, renting & selling
Our tenants want to bring an elderly relative to live with them. We are in fine with this but wonder if we should draw up a new tenancy agreement. Their son who is in his thirties, also lives with them but moved in two years after the agreement was drawn up, should he also be added to a tenancy agreement. The tenants have been in the property since 2001.

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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Why? Your tenant can have anyone they like living there. It's none of your concern.
  • theartfullodger
    theartfullodger Posts: 14,605 Forumite
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    Comms69 wrote: »
    Why? Your tenant can have anyone they like living there. It's none of your concern.
    - many tenancies - probably most private ones - have clauses requiring approval or permission for extra occupants.

    Don't "add to tenancy", draw up a new one if you want to go that way.

    Advantages: More people to sue if rent not paid.
    Disadvantages (loads more paperwork - EPC, GSC, "How to rent", "right to rent" checks, check-in&out, inventory, return deposit, take new deposit etc etc).

    My advice? Do nothing, other than agree to extra occupants. You've checked it won;t be overcrowded ? (Criminal offence for landlords)
  • G_M
    G_M Posts: 51,977 Forumite
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    Either

    1) a brand new tenancy agreement with new names.
    * retake and reregister the deposit
    * redo inventory
    * re-issue EPC, GSR, Gov leaflet etc

    or

    2) Execute a Deed of Assignment, adding the new name to the existing tenancy agreement
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    theartfullodger wrote: »
    - many tenancies - probably most private ones - have clauses requiring approval or permission for extra occupants.

    Don't "add to tenancy", draw up a new one if you want to go that way.

    Advantages: More people to sue if rent not paid.
    Disadvantages (loads more paperwork - EPC, GSC, "How to rent", "right to rent" checks, check-in&out, inventory, return deposit, take new deposit etc etc).

    My advice? Do nothing, other than agree to extra occupants. You've checked it won;t be overcrowded ? (Criminal offence for landlords)



    I agree they do, but would one (I know you probably wouldn't) evict the tenant because they've let mum/dad, son/daughter move in?
  • theartfullodger
    theartfullodger Posts: 14,605 Forumite
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    edited 11 January 2018 at 6:25PM
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    Comms69 wrote: »
    I agree they do, but would one (I know you probably wouldn't) evict the tenant because they've let mum/dad, son/daughter move in?
    I wouldn't, no, not if the normal conditions are met (i.e. rent paid in-full & on-time, place looked after, occupants get on OK with neighbours & landlord). And not statutorily overcrowded.
    https://england.shelter.org.uk/housing_advice/repairs/overcrowding

    But as it happens I have a current case. Single tenant moved in late last summer, passed letting agents checks, fine. But 3 days before move-in {I think they always planned this...} asked if they could have a small pet. I said OK as previous 3-year tenants had had pet & carpets weren't new. Couple of months later they asked if they could have another pet. I never gave an answer. Then a month or so later could spouse & 3 dogs come also (small 2-bed house). Agent went round to have a look and it turned out there were also 3 kids, one over 10 (ie needs own room...so would be statutorily overcrowded). Currently it appears tenant says they are on their own only with one pet and planning to move out soon: If nowt happens soon I'll be serving notices. Yes, bit of a b*st*rd me. But I don't want to risk getting a criminal record & fined for overcrowding.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    edited 11 January 2018 at 6:32PM
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    theartfullodger wrote: »
    I wouldn't, no, not if the normal conditions are met (i.e. rent paid in-full & on-time, place looked after, occupants get on OK with neighbours & landlord). And not statutorily overcrowded.
    https://england.shelter.org.uk/housing_advice/repairs/overcrowding

    But as it happens I have a current case. Single tenant moved in late last summer, passed letting agents checks, fine. But 3 days before move-in {I think they always planned this...} asked if they could have a small pet. I said OK as previous 3-year tenants had had pet & carpets weren't new. Couple of months later they asked if they could have another pet. I never gave an answer. Then a month or so later could spouse & 3 dogs come also (small 2-bed house). Agent went round to have a look and it turned out there were also 3 kids, one over 10 (ie needs own room...so would be statutorily overcrowded). Currently it appears tenant says they are on their own only with one pet and planning to move out soon: If nowt happens soon I'll be serving notices. Yes, bit of a b*st*rd me. But I don't want to risk getting a criminal record & fined for overcrowding.



    Yes that's fair enough! And a bit of a micky take in a small 2 bed!


    Out of curiosity what are the stat regulations for kids - I was under the impression age was only an issue when gender's were mixed?


    edit just read and it's as I suspected. - read before posting! :)


    I think you would be fine.


    2 beds + living room.
    2 adults + 3 children (one over 10)
  • anitairene
    anitairene Posts: 3 Newbie
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    A big thank you to all who replied to my question. We didn't want to stop our tenants bringing an elderly relative to live with tbem we just wanted to make sure that we were not doing anything wrong by not adding them to an agreement.
  • anitairene
    anitairene Posts: 3 Newbie
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    Thank you that's what we thought.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    edited 12 January 2018 at 3:18PM
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    We had this. Tenant moves in after seperating from wife. Needs three beds because children stay at weekend. After one month tenant says mother is ill and is moving out to look after her but asks if wife and children can move in to look after the property. We say yes because after all she is still his wife. (As in Artfullodger we think they always planned this) Wife doesn't work tries to claim housing benefit but is not on the tenancy agreement. We are left with the tenant having left the property and someone else not a tenant living in the property.

    All I will say is be careful. Some tenants are not always going to do what they say they are.
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