Help – tenant’s friends moving in?

Help – tenant’s friends moving in?

10:58 AM, 12th April 2023, About A year ago 36

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Hello, I’ve just heard from our managing agent that our tenants are planning to have a friend of theirs, plus teenage son, move into our flat, because they (the friends) can’t find anywhere affordable in London and there is space for them (there will be 4 people in a 2-bed flat).

I am concerned about having someone living there who is not on the AST.

Our agent says there is nothing we can do other than hope they all move out at the end of the tenancy.

The tenants have indicated that they are likely to go (tenancy ends in 6 months’ time) but my concern is that the friends might not.

Is there anything we can do, other than cross our fingers and hope for the best?

I dread having anything to do with courts etc.

Thank you,

Daniela


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Comments

RoseD

11:10 AM, 14th April 2023, About A year ago

As usual plenty of advice on this matter. Either way this is your property and therefore your decision as to what happens. Agent's response is obvious (couldn't care so that'd be my first address) even though tenant has at least had the decency to notify you of intention (altho that should be an ask). None of this sounds good for you or your property as already pointed out.

Dana

14:42 PM, 14th April 2023, About A year ago

Having done a lot of googling etc it looks like the Permitted Occupier agreement is the way to go. I've checked out the issues raised: council tax ok, overcrowding ok, it will become an HMO but there are no references to additional licencing requirements on council website, checked fire regs for HMOs. If the tenants are fully responsible for the permitted occupier does the agent still have to do a right to rent check? Does anyone know if an 'accidental' HMO will revert to an ordinary rental once the extra people are gone? Or does the council have to be informed/the property registered even if no licencing is required?

Alexa Dalby

16:10 PM, 14th April 2023, About A year ago

Reply to the comment left by Dana at 14/04/2023 - 14:42
This may answer some questions though I can't vouch for it.
https://www.lettingaproperty.com/landlord/blog/permitted-occupier/

GlanACC

8:24 AM, 15th April 2023, About A year ago

You wont have an HMO if they move in as presumably they are friends and you can't stop the tenant from having friends stay. My AST's state who can normaly live at the property. I would say if the friends are there for more than a month then the tenant is breaking the AST. Very difficult to prove the tenant is subletting as the friends could simply say they are contributing to household expenses, likely if it went to court the tenant would win.

DPT

9:55 AM, 15th April 2023, About A year ago

Derek, I dont think this enquiry is about short term guests. They are homeless so would be living there.

Dana, you need to look at the HMO Management Regulations 2006 as you must follow them. A fire risk assessment will likely be necessary and if they recommend upgrading all your doors and alarms it could cost you £000's.

Councils are introducing Additional Licensing schemes all the time, so you could find yourself needing a licence in a few months.

Judith Wordsworth

13:05 PM, 15th April 2023, About A year ago

Reply to the comment left by Crossed_Swords at 14/04/2023 - 08:23
Over occupancy is strict in the PRS.

Both the landlord AND the original tenants can be fined and if found is a breach of statutory legislation

Dana

17:53 PM, 15th April 2023, About A year ago

I have considered agreeing to them staying as visitors for a month max once the tenants have given notice that they'll be leaving, but the problem is that they wouldn't have an address elsewhere so would be living there officially. So PO is the only possibility. Unfortunately this will create an HMO and even if additional licensing isn't needed I don't want to get tangled up with councils and HMO regs. Been there, done that, no thanks. The local council does have a register but it seems to only relate to licensed HMOs. There are none listed with less than 5 occupants. They may introduce additional licensing but not before 2024. Anybody out there a 'small' HMO expert?

DPT

11:26 AM, 16th April 2023, About A year ago

Be careful the tenants dont leave them there. I think still calling the short term guests would be the better of those options.

GlanACC

11:31 AM, 16th April 2023, About A year ago

I think you should be treating this as a business. You must WRITE to the tenant and lay out the conditions they have to abide by. Dont just discuss it with them as this is deniable when you will inevitably have to go to court to get them out. I can see your situation deteriorating rapidly.

Dana

9:48 AM, 17th April 2023, About A year ago

Reply to the comment left by Derek STOBBS at 16/04/2023 - 11:31
Thanks Derek, I have no intention of doing anything other than in writing. Can't go talk to them anyway - live too far away.

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