Permitted Occupier – or not?

Permitted Occupier – or not?

10:58 AM, 8th March 2021, About 11 months ago 21

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A single lady tenant was given an AST in 2005 and many years later her daughter moves in. Although she never asked permission we are aware she now lives there with her mum. No issues at all with them. Rent all on time, in fact, model tenants, they look after garden etc treat the place very well.

Fast-forward to now, the daughter just informs me mum has lung cancer. While I am not party to any more detail than this, reading between the lines of communication it seems like the lady is pretty ill (she has asked permission for a key lock safe to be put on the outside wall to let carers in – we have agreed and are going to supply and it for her as a gesture of goodwill)

Question what happens on tenant demise? While I am clearly NOT wishing this, they need to be made aware of the consequences of this. At this stage, I am unsure if the daughter can carry on paying the rent (she was made redundant in Nov/Dec). I will not be offering her any direct contract unless she can prove she is financially viable (as I would any new tenant).

What is the legal position here – is she an official Permitted Occupier, even if there is nothing on the contract or any formal recognition of such? Ideally, we hope that she is sensible enough to realise if she can’t pay the rent then she needs to move on herself, but what if the worst happens, and she refuses to leave?

Do I have to go through the S8 route, even if she is not listed on the AST?

Many thanks

Reluctant Landlord



Comments

by Graham Bowcock

16:59 PM, 14th March 2021, About 11 months ago

Reply to the comment left by Dylan Morris at 13/03/2021 - 14:27
At the moment the daughter isn't there illegally. Motehr is the tenant and she is entitled to use the house as her home and invite guests/Family to stay. In general ASTs forbid lodgers, but I doubt a daugter would be treated a lodger; even is she was enforcement would be difficult and slow.

Provided that the landlord has always treated mother as the tenant (rent demands, correspondence, receipts, etc.) then they are in a strong position. On tenant's death they would have to make a case to the Executors or Personal Representatives to recover possession of the property.

Your idea about your rugby club mates is not a good one. An old client of mine found himself detained for far less when he tried to remove a tenant (against my advice, of course).


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