Help – tenant’s friends moving in?

To me the tenant was honest enough to let the managing agent know about the change of circumstances. As others have pointed out, there’s not much you can do and trying to get the tenant to sign new papers might prove difficult considering that they are likely to move in 6 months time. If they are “problem tenants” they will cause you headache regardless

Sounds like huge red flags that can put you in a massively compromised situation. I find it startling the agent isn’t telling them their rights and options, that’s what you pay them for

Reply to the comment left by markyboy at 12/04/2023 – 17:22At last someone has mentioned one of the two major problems. Regardless of licensing you have created an HMO with all the attendant rules and requirements. The other problem is that no Right to Rent checks have been done on the friends. The original poster could find himself in serious trouble with the authorities.

Reply to the comment left by clarkydaz at 12/04/2023 – 21:06Agent doesn’t seem to understand the rules. Get an agent who does.

I would serve a s21 now and tell them that I would be informing the Council that they have created an HMO and are responsible for any licensing requirements and any penalty that the Council imposes for breach of the Housing Act 2004.
Incidently, it’s Additional Licensing you have to check for. Selective Licensing has nothing to do with HMOs.

If single Tenant, this has implications on the Allowance for Council Tax. Contact the Council.

2 bed flat, couple first, then allowing Mum & teenage son to occupy. Is the son sleeping in bedroom with Mum or in the lounge? Sounds either inappropriate or overcrowding. Also, teenage son could mean more teenage friends coming into the property. Not what you signed up to.
As others have said, you need to take action on this and ensure existing tenants assume liability in writing for their friend and son, and for any consequences from their occupation (and regularise or refuse any sublet, if there is deemed to be one). Check the wording in your AST.
Also, contact the council and get advice to ascertain overcrowding/ licensing implications too. This could all end in tears, likely yours.

Thanks to everybody for your advice. A few points/clarifications:
1. The friend has not yet moved in so I have some time to try sort things out.
2. They will be in breach of AST – will check details.
3. They are on a 12 month AST but we’ve missed the 6month break clause. It’s their second year and they’ve been fine so far.
4. I had thought of the HMO side of things – need to look into this as the agent isn’t bothered.
5. I had expected the agent would require the friend to be added to the AST – it seemed the obvious thing to do.
6. Very grateful for the reminder about a Right to Rent check – I believe the friend is Argentinian – the agent should have been aware.
7. Don’t want to initiate anything to do with courts that might cause aggro and associated problems like loss of rent.
8. Ditto council – my experience is you contact them and they are breathing down your neck forever (used to have student lets).
9. Have no intention of ‘just hoping’ which is why I posted. It’s finding the right way to go about preventing this situation without aggravating tenants and potentially causing more hassle.
10. Had been waiting for these tenants to leave so could sell up and get out of PRS!

We have a similar situation tenants daughter and sonin law moving in while they look to buy a house, we were advised to use a permitted occupier form which was signed by all parties and means they don’t have to go on the original tenancy and the tenant is responsible for them. We also specified a period of a year which has now gone over by mutual agreement, but the permitted occupier form still stands/rolls over.

Your agent is wrong, of course they must be added to the tenancy as tenants or permitted occupiers and they can charge for this as it is an exception to the tenant fees ban

Re overoccupancy – this is not so strict in the PRS as within the social sector