Non-Permitted occupier in second bedroom?

Non-Permitted occupier in second bedroom?

10:19 AM, 5th May 2022, About 2 months ago 27

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Having recently let a two-bedroom flat to a young couple through my local letting agent, the tenants have recently moved in another person to the second bedroom.

My letting agent says this new person, who would not pass their vetting procedure and was moved in without my knowledge or consent, needs to be on the lease as a Permitted Occupier and that the rent should marginally increase (in this case by 5.3%).

However, the tenants have been resisting this saying they are renting a two-bedroom flat and should not have to pay more.

Where does a landlord stand with a non-permitted occupier?

Many thanks

Barney



Comments

Graham Bowcock

12:37 PM, 5th May 2022, About 2 months ago

There's probably not a lot you can do.
The main worry is creating a HMO, but if the current tenants are a couple (one unit) then adding one individual should not create a HMO.

There's no real grounds for increasing the rent simply because there's an extar person. As the tenants seem to have said, they rent (and pay for) a two bedroom flat.

In the ideal world all occupiers would be named tenants on the tenancy agreement, but if you have a proper tenancy agreement in place already, it's tempting to say why worry?

Mike

12:39 PM, 5th May 2022, About 2 months ago

Did you not have a sub-letting clause in your tenancy agreement. Also there is nothing you can do if the additional person is related to them. But you can refuse to add him as a permitted person since your agent has stated he will not pass their vetting procedure,

So your options are give a section 8 Notice on the ground of sub-letting, or failing to declare this additional person, or just leave it as is but do not add him to the tenancy agreement and accept the same rent. So when the couple go he too must go.

COLIN PRICE

12:42 PM, 5th May 2022, About 2 months ago

Very useful advice

Freda Blogs

12:45 PM, 5th May 2022, About 2 months ago

I would be pointing out that the couple are responsible for this other guest, so any damage and additional wear and tear etc will be at their expense.

On the upside, if the guest is contributing to the rent, hopefully there is lower risk of rent arrears.

Kate Mellor View Profile

13:45 PM, 5th May 2022, About 2 months ago

What I do if tenants move someone else in is just to ask for their details and carry out a right to rent check as this must be done for all residents whether or not they’re on the lease. I make sure I have a copy of passport, a photo of the person holding the passport next to their face & employment information and contact details. You need to know who’s living in the property and how they can be contacted & you need to do R2R.

LaLo

14:05 PM, 5th May 2022, About 2 months ago

Kate took the word’s right out of my mouth! Check for R - R, especially if you suspect the new one could be from a foreign land!

NewYorkie View Profile

14:13 PM, 5th May 2022, About 2 months ago

It sounds like this person is not paying any rent to you, and you will struggle to ascertain if they are 'sub-letting'.

I've recently evicted a feckless tenant, and I was told that he had someone else living there (and a dog). But I couldn't prove it, until he left, and I found debtors letters and bills in his and 2 others' names.

If you do know, I would write to say you believe they are breaking the terms of their AST by sub-letting. You can ask for details, but I doubt you'll get anything. They'll probably claim no rent is changing hands and the person is a 'lodger', which is legal unless prohibited in the AST. You can threaten to commence eviction under S21 but risk a whole heap of trouble. Sub-letting isn't a mandatory Ground under S8, so is unlikely to succeed.

Helen

14:39 PM, 5th May 2022, About 2 months ago

I am curious to know what would happen in this case if the couple on the tenancy agreement move out and only the un named person is left. Even if he/she continues to pay full rent they would surely need to be checked/credit referenced etc and given a new agreement. If they refuse then surely the original couple could be taken to court in order to evict the un named person but I am unsure how this would work. I did an eviction this morning (no rent for a year blah blah) and it says on the bailiff's letter that they can evict ANYONE in the property, not just the named individuals.

Lyn

14:47 PM, 5th May 2022, About 2 months ago

This situation is a breach of the tenancy agreement (provided you have a solid agreement ) and renders your tenant liable to eviction.
If you wish, you can suggest the third party is included in the tenancy , you would really want to get references before doing that though.
You really need to pursue this as you have no control over what this person does in your property .

Judith Wordsworth

15:14 PM, 5th May 2022, About 2 months ago

Reply to the comment left by Kate Mellor at 05/05/2022 - 13:45Right to rent check is done on those renting. The additional person is not renting from you. It’s your tenants responsibility to check if they have created a tenancy between themselves and this 3rd person.

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