Hi,
My prospective tennant would like to be able to have his son come and live with them for a bit after studies (which I have no problem with). In a previous flat they had he has been able to put him in the contract as a ‘permitted resident’. Does anyone have experience of this, or does OpenRent have someone who could answer it?
Many thanks,
Nick
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Unless this would constitute overcrowding, just write to the tenants with permission.
Need to be careful if they’re over 18, as they should be on the tenancy agreement
Hi,
They are and I have been warned in the past of people living in the flat not on the agreement acquiring rights to stay.
Best,
Nick
This is very helpful.
Best,
N
They wont acquire rights and they dont have to be on the tenancy agreement unless your insurance or mortgage requires it.
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Ultimately it’s up to you, as it’s not a legal requirement, though, as mentioned, it may be a mortgage or insurance issue.
However, I’ve always worked on the principle that anyone over 18 is on the tenancy agreement, as you can’t chase up someone for money who’s not on the tenancy agreement.
It also appears that in the scenario where the tenant leaves and the lodger stays, then the tenant is liable for the rent until the lodger leaves, and it’s him who you would take legal action against.
If they’re both on the agreement you have two bites at the cherry of legal responsibility/eviction
It’s never happened to me, but I’m always amazed how often things that have never happened to me do happen to me, so experience says play safe.
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I would take a very different view @Stephen55. If you started a new relationship and the person moved in, would you to immediately give them equal rights over your house? Relationships split up all the time and I take the view that in this circumstance, my allegiance is with my tenant who should not be forced by me into a legal and financial relationship with a new partner and who should not potentially lose their home if that relationship ends.
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Hi,
I’ll give you an example that happened to me. I was planning to rent to a Polish single mum with two kids. She then said that she might get to get her mum to come over and live with them after the contact was signed. My agent at the time warned that if that was the case I may never be able to get her out, even if the tenants could be made to leave.
It may well be that he didn’ know what he was talking about. I think the view I’m forming is that there is no harm in making a clause for permitted residents included under the main tenant’s contract. If the one ends so does the right of the other.
Thanks all!
Dear All,
I have a simliar issue where a reliable tenant, who has been paying the rent on time and sometimes ahead of time, is getting married in June to someone from overseas. I have sighted the passport and the UK Permitted entry visa, which will allow hthem to be present in The UK for 2 months, to get married (specifically stated on visa). I therefore do not wish to start a new agreement as it will require doing all the reference etc checks again.
Q: Is there a way of adding a ‘Permitted Occupant’ clause to an existing tenancy agreement? Or is there a legal addendum document which can refer to the tenancy agreement, whilst adding the new spouse-to-be?
If they only have two months permitted stay then you don’t amend the agreement at all. They are a visitor. A guest who will leave at the end of that period. It might be worth scheduling a routine inspection for shortly after the 2 months ends and checking that they’ve left.
Many thanks for that. They actually then have permission to apply for a new 2.5yr UK Visa, after the wedding in June. So the tenant is asking for a longer term permission for his soon-to-be spouse, to stay for at least beyond the initial visa length of 2 months.
Many thanks.
Yes, but I think they have to return to their country of origin whilst they make that application and it usually takes a few months to come through. When the wife does finally have permission to reside and a right to rent, you can consider whether you want to give them a new agreement or just make her a permitted occupier.