Additional tenants query

Landlord Discussion
1

I have a Nigerian married couple as tenants with a one year old child in a three bed house. About mid way through their first year, the tenant mentioned that his brother and sister might also be coming to the UK as they had offers for various universities here and might need to stay temporarily at the house until they can find their own accommodation. I noted that the tenant would need to confirm all of this to me in writing and that this would only be acceptable as a temporary arrangement. I didn’t hear anything back from the tenant. However, when I last visited, it was clear two additional people were now living at the property. The tenant said that this was just temporary until they find their own accommodation but the university term is now well underway so I think this might be unlikely. My questions are:

  1. Should I permit them to stay if they want to (subject to right to rent and reference checks) and should I have a new tenancy agreement when the current one expires shortly? Alternatively, should I just have them as permitted occupants under the existing tenancy?

  2. On the basis that two additional adults would occupy the property, so four adults and one child in total, would this justify a rent increase for the extra wear and tear on the house and what would be reasonable? This is on the basis that I probably wouldn’t have accepted them as tenants originally if they had applied as four adults and one child.

Thanks.

2

Perform right to rent checks
Give permitted occupier status only
I would increase the rent
Under contract there is a guest clause which is usually 72 hours a week
Inform them they are in breach of the rent clause

I would increase the rent by ÂŁ100 per person
They are not going anywhere they have become your tenants

3

I would agree with A_As suggestions provided the property is not now statutorily overcrowded. I would also ask for signed ststements from each of them detailing the familial relationship so that you have some protection in case it turns out to be an HMO.

4

I also have a Nigerian couple with one newborn (who are great tenants), and if I had received a request like this, I would have categorically refused them permission in writing and then called them to make sure that they understood that their request was being refused and that any breach would trigger me issuing a S21.

If you really want them to stay then you should assume that it will be long term. You’ll need to do due diligence as spelled out above, and if it is an HMO, you’ll have further work to do even if it is actually permissible (depends where you are). Rent increase should be immediate and under no circumstances should you accept rent from anyone except the original tenant.

You’d be wise to do quarterly inspections and to sit the two newbies down with the tenant and go over how to properly ventilate a property in winter in the UK. I’d also brief them on how to dispose of fat from cooking as this can easily clog u-bends under the kitchen sink.

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5

How long was the AST fixed term? If still in the fixed term this may prohibit your ability to increase the rent

6

Why would you refuse. If the place is big enough and the landlord takes the necessary precautions, why isn’t it reasonable for the tenant to occupy it fully?

7

Thank you all very much for the replies. I’m a lot clearer now on the way forward going down a permitted occupier route. I’ve done a bit of reading since the original post, and the internet talks about permitted occupier clauses in contracts. However, probably like most people on here, I have the standard OpenRent contract which doesn’t make any reference to permitted occupiers. Therefore a follow on question would be do I amend the existing contract with a permitted occupier clause in the ‘special clauses’ section or would it be sufficient just to confirm the acceptance of permitted occupiers in writing to the tenant?

8

Hi, the AST is for 12 months and will come to an end next month. Now is about the time I can give notice for a rent increase but I was hanging back a bit given the situation. Thanks.

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9

Write to the tenants regarding breach of guest clause
Why you are increasing rent to tenants
Two incoming people will be permitted occupiers

In light of the fact the tenant has breached the tenancy you are increasing rent with valid cause as there is now a change to their contract

It’s like people bringing in pets without permission you can increase the rent in an AST

I have just increased my rent from the first day of the AST
The tenant turned up with her parents with a six month visa
This was not party of the contract and I write to them asking for a rent increase
I only asked for ÂŁ100 which I do now regret hence why o suggest you take ÂŁ100 per person

10

I didn’t say it was unreasonable. My family lived in West Africa for nearly a decade. Terms like “big enough” and “occupy it fully” are culturally relative

This is the LL taking the necessary precautions. :laughing:

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11

Thanks again for this.

12

We’ve had tenants move 2 other couples in to our small flat in the past, constantly using the showers and putting locks on doors. In and out all day bothering neighbours. Thy were making more money sub letting than our rent. Put your foot down , overcrowding wrecks your property

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13

Tatemono puts its very well. there are cultural differences. I have worked with a lot of Nigerians in the past and there is a different mindset. You can play words and paper all you like but your best course of action is to regain possession of your property and I further suggest you dont make a big fuss over the sub renting, tread carefully

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