Non-Permitted occupier in second bedroom?

Non-Permitted occupier in second bedroom?

10:19 AM, 5th May 2022, About 3 weeks 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

by DSR

12:37 PM, 7th May 2022, About 3 weeks ago

surely if the AST states no subletting and only the actual tenants are named on this then its a straightforward S21?

While a S21 does not need to give a reason, I would have thought (under a separate cover) you could remind the tenant that they are in breach of the contract having allowed a sublet. Furthermore, that as a direct result of their actions they have not complied with the Immigration Act (dont bother to give them more detail but it relates tot he 'right to rent') and now you are legally obliged to report them to the Home Office.

Perhaps that might given them the push they need to oust the subletter???

by Helen

13:05 PM, 7th May 2022, About 3 weeks ago

Reply to the comment left by NewYorkie at 07/05/2022 - 12:30
It depends on your tenancy agreement. Mine state that 'guests' are not permitted to stay longer than two weeks without my permission so there is no chance that a lodger can move in. I can't accept that generally a 'lodger' is permitted as they would still need to conform to the letting arrangements, R2R for a start, and the landlord needs to know who is living in their property and how many people.

by David

15:13 PM, 7th May 2022, About 3 weeks ago

It's definitely an HMO unless the 3rd person is a relative. I would also serve s s21 notice, but you better check the Council website first because if they have an Additional Licensing scheme covering 3 person HMOs it would invalidate the notice until you get a licence.

by reader

20:12 PM, 7th May 2022, About 3 weeks ago

Suggest you eventually change agents as it is a basic rule you do not let out a property with a spare bedroom!

by Graham Bowcock

20:31 PM, 7th May 2022, About 3 weeks ago

Reply to the comment left by at 07/05/2022 - 20:12
That's somewhat unreasonable. Most of my houses are two/three bed and often let to young couples, sometimes even single people. At the present time a spare room is a great asset for those who need to work from home. At any other time the spare room can be used for guests.

You'd rule out a lot of very good potential tenants by limiting how many rooms they can have.

I have been aware of tenants have lodgers or long term guests and quite honestly have always had a pragmatic approach to it with no problems. It can often help a tenant pay their rent, especially if they've had an unexpected change of circumstances. I make the tenants aware that they are fully responsible and I will not get involved. It seems to work.

by Paul Shears

20:49 PM, 7th May 2022, About 3 weeks ago

Reply to the comment left by Graham Bowcock at 07/05/2022 - 20:31
I take a similar view but it absolutely infuriates me if they don't tell me.
At my tenants request, I agreed to a temporary "house guest" for a month, which actually only amounted to three weeks, but I made it very clear that this would not constitute any form of tenancy.
It worked out well to everyone's benefit.
As others have said countless times, you need to weigh up your tenants first hand before they move in. Others might argue that no good turn goes unpunished……… 😶

by Maggie Mansi

8:40 AM, 8th May 2022, About 3 weeks ago

Reply to the comment left by Kate Mellor at 06/05/2022 - 12:46
Your point about young people being creative to be able to pay the rent and have money left over for some kind of life is a great one. We do need to put ourselves in the position our tenants find themselves in and not always assume malevolent intentions.


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