I rent my property ( the only property I rent out) to a couple with 2 children, they have asked for the wife’s sister to come to live with them. I am assuming this does not make it a HMO. After doing the right to rent, references would I need to do a new inventory and reissue gas certificates etc? The current tenancy began March 2024. I have not had this situation before and want to proceed in the right manner.
1 Like
If you do add her, you’ll need to make sure that all three adults understand what joint and several liability means, and you will need a new tenancy agreement with all three. Why do you want to specifically name her on the TA as opposed to simply checking she has the right to rent and allowing her to live there while the couple continue to pay rent (permitted occupier)?
Does the AST specify a maximum number of people who can reside at the property?
1 Like
I would firstly want either evidence of their familial relationship or a signed statement from each of them.
If you want to add the Sister as a tenant rather than just a permitted occupier, then youll need to end the current tenancy and on the same day start a whole new tenancy with all the prescribed documents.
1 Like
The current agreement does state max. 4 occupiers.
Yes I was thinking along those lines, the family have been in the country for 4 years and are Nigerian nationals. Is there any negatives to having her as a permitted occupier? I am just feeling that it might be better to set up a new tenancy agreement. Thoughts please?
If they’re Nigerian, not only are they unlikely to be familiar with joint and several liability, they’ll also be hard to take action against if they default on the rent as they can simply leave the country. For that reason, I’d probably not want her on a new TA and I’d stick to the AST and say that prevents her from living there. However, I’d then be watching very closely to make sure she actually isn’t living there despite my refusal.
You could of course simply allow her as a permitted occupier and ignore the clause about max occupiers. You’d need to see what your insurance company would have to say about that though.
1 Like
If she’s a permitted occupier she won’t acquire tenancy rights but you can’t accept rent from her. The family would have to pay the rent and any contribution from her would be a private arrangement between them.
2 Likes
There was a thread on a FB group I belong to. Exactly same situation with Nigerian family. Sister moved in, then her husband and kids. Ended up with 9 in the 3 bed house I think.
Then original tenants wanted them to leave and they wouldn’t.
LL was stuck in the middle. I don’t think the later arrivals were tenants, just POs, but they wouldn’t budge.
1 Like
This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.