Council want document signed stating intention to let to tenant for 5 years?
Th council want to remove old bath and fit level access shower facilities for one of my aging tenants to make it easier for him.
They want me to sign a document stating that my “intention” will be to allow the disabled tenant to live at the property for a period of 5 years once the work is completed.
My mortgage is with the dreaded Mortgage Express.
I would like to do it for the tenant but I don’t want ME using this against me if I have somehow breached their T’s & C’s.
Do you think it’s a good idea to allow this?
Many thanks
Fiona
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Member Since September 2013 - Comments: 62
12:41 PM, 21st July 2015, About 11 years ago
Hi Fiona,
You are being asked to make a statement of intent. In other words at the time of signing the document it is your intention to allow the tenancy to run for at least 5 years. It is not a binding commitment and is therefore not in breach of your mortgage terms…even ME.
Obviously you must read the whole document with care to ensure there are no penalty clauses etc. If in doubt seek legal advice.
Cheers Mike
Member Since January 2011 - Comments: 12195 - Articles: 1396
12:46 PM, 21st July 2015, About 11 years ago
Reply to the comment left by “Mike McDonagh” at “21/07/2015 – 12:41“:
That’s pretty much word for word the advice my lawyers have to me.
.
Comments: 11
1:00 PM, 21st July 2015, About 11 years ago
Reply to the comment left by “Mike McDonagh” at “21/07/2015 – 12:41“:
Thanks. It says:
“Your tenant has recently been assessed and would benefit from having the following adaptions made to their home:
Removal of bath and fitting level access shower facilities.
These works will be provided by the disabled Facilities Grant process and as such there is no cost implication to the owner/landlord regarding the works.
An owners certificate will be sent to you ate your tenants grant application stage that confirms it is your intention to allow the disabled occupant to live at the property for a period of 5 years once the work is completed.
I would be grateful if you would sign and return the initial agreement, below so we can proceed with our design process.
The Private Sector Housing Department will liaise with you regarding formal agreement to works at a later stage.”
Then by signature it says:
“I declare that I am the landlord of the property at the above address. I am willing for the work listed above to proceed.”
Member Since January 2011 - Comments: 12195 - Articles: 1396
1:55 PM, 21st July 2015, About 11 years ago
Reply to the comment left by “Fiona Sinclair” at “21/07/2015 – 13:00“:
That wording is very familiar to me.
.
Comments: 118
7:35 PM, 21st July 2015, About 11 years ago
Your “intention to allow” is not the same thing as “5 year lease”
Comments: 2
10:32 PM, 21st July 2015, About 11 years ago
Reply to the comment left by “Fiona Sinclair” at “21/07/2015 – 11:45“:
Check the dreaded small print. Some lenders require permission before you accept a grant.
Comments: 2
12:17 AM, 22nd July 2015, About 11 years ago
Do you have the lender’s conditions to hand? What if they don’t allow grants without permission? Check the small print with your own eyes. Don’t rely on forum answers.
Member Since September 2013 - Comments: 62
10:49 AM, 22nd July 2015, About 11 years ago
Reply to the comment left by “Jo Cooper” at “22/07/2015 – 00:17“:
In this case it is the tenant who is applying for the grant and not Fiona herself, so this does not apply.
Member Since January 2011 - Comments: 12195 - Articles: 1396
10:52 AM, 22nd July 2015, About 11 years ago
Reply to the comment left by “Jo Cooper” at “21/07/2015 – 22:32“:
So far as I’m aware, this isn’t a grant to the landlord, it is a grant to the tenant.
.
Comments: 11
11:18 AM, 22nd July 2015, About 11 years ago
Reply to the comment left by “Mike McDonagh” at “22/07/2015 – 10:49“:
Yes this is a grant to the tenant