Basicslly the mum died and the son moved it to help his dad. The sons reference was bad so i dont want to add him to the AST even though we have a garantor.
I want to know iif he is ok to stay for a few months.
Is it at our discretion or is he obliged to move out now. Our AST is a periodic openrent normal ast.
Are there any reasons / problems i should be aware of?
Thanking you all in advance fir you time and effort to help.
You can allow him to be a permitted occupier without needing to be on the AST. Check with your insurer and mortgage provider if you have one that they are happy for there to be a permitted occupier as some may want any adult to be on ast.
Dont accept any rent from him though.
If you want to you can amend the tenancy agreemment or write clearly to the tenant giving him permission to stay for âx monthsâ or until a set date . as long as your tenant agrees to accept responsibility for all actions of his son during his stay - and to continue his responsibility paying rent in full
Everything should be in writing and signed by all parties.
.
Iâm sure I read somewhere that a renter is entitled to have a lodger if they do wish. He wouldnât be on the lease and would have to leave if the father did. Obviously I cannot be sure so maybe others will know better.
There is no law against it, but most landlords will prohibit it in their tenancy agreement without their consent, which would mean it was a breach of contract if the tenant just went ahead.
Would it be worth getting something in writing from both parties to say how long he intends to stay and in what capacity (support for dad or joint tenant or whatever) and that he accepts that should dad leave or not be able to reside in the property (permanent ill health or death sometimes one spouse passes soon after another) he is to relinquish full use of the house with immediate effect and surrender any keys held
As above, technically you can have him as an occupier not a tenant. However I would cover yourself by doing the checks you would do for âright to rentâ as you need to ensure he is who he says he is. I would want to get further advice on the guarantor aspect to ensure that the guarantor cannot cease to guarantee due to this change.
Not if this is prohibited in the tenancy agreement, or their is a clause to say you need landlords permission.
This is particularly important today where subletting can create an HMO which come with additional fees, occupancy limits and building standards requirements.
If the landlord provides services such as heating or electricity included in the rent or in an HMO etc - additional tenants may justify varying the rent and a new tenancy agreement.
Eg I have a HMO with 7 self contained flats - but shared heating. Rents are based on single occupation. If I rent to couples the rent level is higher than what is advertised for single occupation.
YOU MUST check your tenacy agreement before allowing someone else to stay or you can lose the tenancy or increase your rent. Or ender your landlord unliscensed and mean he has no right to rent to you !