Hi, I have had 3 working brothers in their 30s, a sister and a mother aged 64 renting my flat for the last 4 years. The tenancy is in the 3 brothers’ names because they were working and passed the referencing checks.
However, they work in security and have told me that their hours are being reduced for various reasons, including schools being closed in the summer. This is making it harder for them to pay the rent and he has already missed this month’s payment date (23rd)
They have asked me to draw up a new contract with the 2 non-working females on the contract and one of the sons, because both females have health conditions that make it likely they can get disability benefit and/or pension credit for the mother. They hope this will mean they get approved for rental payments from the government.
After the first year, I didn’t get around to drawing up a new contract so they have been on a rolling periodic tenancy since Jan 2021.
However, they also don’t want to be tied into a 1-year contract with this new one because the son is telling me that he doesn’t want the pressure of being tied in seeing as he is struggling financially.
I prefer to keep them in the property as long as possible because since they moved in they have caused a lot of wear and tear, and I will have to spend quite a lot of money to bring it into a state suitable for re-letting if they leave.
My questions please are the following:
If I agree, will it make it more challenging to evict them on the new contract in the names of the disabled/elderly females if they don’t pay?
What would you advise is the best approach with regards to this month’s rent that is 3 days late? Do I demand it ASAP or give them time to get benefit approval?
Although I clearly see they live like a family, and the son takes his mother to hospital appointments, she cooks for them etc. On official documentation, the women have different surnames than the men. They are of Pakistani origin and say that is how names work in Pakistan - so on their official British passports the women seem to have used a middle name as a surname. I’m a bit puzzled by this but have no reason to disbelieve them.
In my experience you are in the middle of a scam .
Never renew a contract where rent is not being paid. If you do you tie yourself into a new contract without the possibility of eviction for at least four months.
If they can’t pay rent this month who says they will pay it next month
Have they provided evidence that they have reduced hours ?
Have you seen a bank statement or payslip?
Ref additional tenants :-
Do they have right to rent ?
Adding people onto contracts for this purpose is a recognised method of benefit fraud / attempt to secure migration status
If the son is struggling financially why does he want to be tied into a new contract at all??
Get rid of tenants causing wear and tear
Cut your losses and move on ( if we have a labour government Angela rayner wants to do away with s21 altogether)
It’s a negative economy
High wear and tear and no rent is a s21 end of !!
( last year I cleaned house and served a s21 to all the tenants for the same reason you are keeping them)
Never give benefit of doubt to the tenant. Get proof. Guilty until proven innocent ( I have been burned so many times believing tenant detritus)
Thank you very much for your reply. I thought that non-payment of rent is always grounds for breach of contract and then eviction, so if they don’t pay on the current contract or don’t pay on the new contract, the end result is the same. Or am I missing something here?
So I’ve not been provided evidence of reduced hours, but that’s a good idea that I will chase up with them.
I’ve requested “right to rent” for the additional tenants by sending them the link to the right to rent section on the government website, and I was told they would provide it to me as soon as possible, but I won’t grant a new contract until I see it. However, I don’t see how somebody who is an illegal immigrant can be eligible to receive benefits.
The previous tenant caused no issue with mould on the walls, but this family have created so much condensation (despite buying them a Dehumidifier) that I will have to repaint the entire place, but maybe that’s necessary to find better tenants. It’s also very messy.
I’m considering a 12 month contract with 4 break clauses at each 3 month interval - so will suit us both, but only if they show me their Right to Rent.
Thanks again!
As the previous reply suggested, they will have to move out if I refuse a new contract, but that may be the best option. I can’t see this as being benefir fraud if they are actually eligible.
I mean this with no disrespect to you , please don’t be so gullible
It sounds like you are new to this
A new contract means you can’t serve notice for another four months
(My advice to you is not serve a new contract but serve a s21 because on non payment of rent and damage to property)
To give perspective, if a new tenant turned up at the door asking for a new contract and the landlord said they were a month in arrears , they would not be able to pay because of lack of job security and they had damaged their property so much so they made a loss you would not rent to them
Signing a new contract with your current tenants is the same thing !!
Why do you need to serve a new contract?
Your current one is a periodic automatically
Currently, if they miss two consecutive months you can serve a s8 with two weeks notice ( vs waiting four months on a new contract)
A new contract means you have to inventorise again and deduct charges from a deposit
You can’t deduct old damage on a new contract
You are literally hanging yourself by a noose made of your own fair hand
Break clause benefits the tenant not the landlord
If they don’t leave you can’t enforce it
Serving a clause at four months and they don’t pay what are you going to do with damage plus a total of five months rent arrears
Also speak to your insurer
Having a break clause at four months is a four month AST
You may invalidate your legal cover on your policy
Schools haven’t broke up yet why are they out of a job ???
If people have different surnames,
Have they turned the house into an HMO?
Before you do anything make sure your house is not an HMO
They may know the rules of renting and lie so you don’t know you have an HMO
I think these people have savvied to the rules and are guaranteeing a rent free stay
Naming conventions vary in Pakistan throughout ethnic, familial, regional and religious traditions. Typically, Pakistani names derive from Arabic, Indo-Persian or Turkish roots. Tribal and familial identity is strongly respected. Therefore, many people add their tribe’s name with their family’s.
It is common practice to give the father’s most commonly addressed name to the child as their last name. This is also applied to some married females, who adopt their husband’s most commonly addressed name as their surname. However, Islamic law does not necessitate the custom of a wife adopting her husband’s last name at marriage. Therefore, many Pakistani women retain their maiden names.
Wow! Lots of interesting points here that I didn’t think of or was unaware of. Thank you very much for that. So new tenancy is off the table.
Have a great weekend!
Circumstances change. So long as you get the rent paid does it matter how they manage to achieve the household income? They sound like caring family people… help them to make it all work…
You must understand that it’s better to cut your losses and move on?
They are late on payment
They want to defraud the government
They are not looking after the property.
Refuse their request and tell them to move out asap. If they fail to pay rent again, evict them.
Thanks for your extra details. I tried to get clarity re names and one brother tells me that he chose to take his father’s name as his surname, but that his brother chose not to take the father’s name and uses the name Hassan instead as a surname.
The sister and mother “chose to use their own name” and not take that of the husband or father. So I asked, what if you had to prove officially that you are a family? And the response was that the Home Office were aware we were a family when we entered the UK together, and have birth certificates for extra proof.
You can contact the home office directly and ask for advice
All of these people should have share codes
The home office is trying to use a digital interface for internationals to cut down on biometric card fraud
Tessa hosted a home office talk recently and he gave out a number if you look on her website or email her directly