New tenants moved in last week to 2 bedroom flat, lots of space, big garden and another room that could be used as bedroom. Tenants disclosed they would have 1 child permanently living with them and 2 children from previous relationship staying occasionally. I have found out that there are going to be a further 5 children staying occasionally, making it 7 and also it will be 4 nights a week.
The flat was advertised as suitable for 5 in total and clearly tenants have not been up front and honest.
Any advice on how to approach this, would be very much appreciated.
If you feel strong about this i would formally write reminding them of this specific requirement of the tenancy, and that failure to comply will result in the ending of the tenancy.
How were they advised of this requirement to begin with? Is it part of the AST? Do you have in writing?
Thanks Mark.
The requirement is a maximum of 5 persons living in the property and would presume that would mean 5 adults, so nothing else in writing to say how many children allowed or anything from the tenants to say how many children living there. I am just going on what i was originally told and took that in good faith.
I really don’t have a problem with having all the children staying, its just the lack of honesty initially and the knowing that if it were to cause problems with neighbours etc, then I can do something about it to either resolve or end the tenancy.
I will write to them and see what response is!
Clearly the tenant will be unable to comply if the children have nowhere else to go. How long is the tenancy? When is the earliest that you could serve a s21 notice?
I suggest that you inform the Council asap that the tenant lied and are in breach of the tenancy agreement and that you believe the property may now be statutorily overcrowded. This will cover you in case they are planning to report you to try to get a council house. Ask the Council what they want you to do.
You have seriously fallen down on the job if your tenancy agreement doesnt say who is entitled to live there and you dont have a tenant application form before that stating how many people they are applying for accommodation for.
2 bed cannot occupy 7.when room sizes are calculated, children are considered on par with adults, 4 days means majority of the days thus making their main accommodation, health care needs, education purposes and so may be overcrowding. Seek council help