10:58 AM, 8th March 2021, About 11 months ago 21
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?
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|