Permitted Occupier – Tenancy?

by Readers Question

15:10 PM, 26th August 2020
About 2 months ago

Permitted Occupier – Tenancy?

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Permitted Occupier – Tenancy?

I tried to help a friend out earlier in the year and took out a sole tenancy AST and she was named as a permitted occupier. The friendship quickly soured and I have been trying to get myself out of the situation.

I asked her to vacate the property, but rather than discuss it she went to a solicitor.

During her time there she has paid rent directly to the lettings agent and also to myself. Her solicitor has said that due to having exclusive possession and having paid rent she has created a sub-tenancy which from all my research I tend to agree with.

I am trying to establish two things:

Firstly how do I determine who she has created a tenancy with,

Secondly what type of tenancy has she created.

Anyone got any pointers??

Regards

Martin


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Comments

Smartermind

10:52 AM, 27th August 2020
About 2 months ago

As the AST is in your name; then she has created a subtenancy with you, ie you are her landlord! Congratulations.

bean

10:54 AM, 27th August 2020
About 2 months ago

It would appear that a sub tenancy has been created with the Landlord as the agent has received rent on behalf of the Landlord.
You have also received rent which would possibly be deemed to be received on behalf of the Agent/Landlord.

The tenancy created should be identical to the signed one. It is highly likely that it will be implied to mirror the one in writing that names the occupier.

The payments received and accepted as rent established the status of tenant as opposed to occupier.

A tenancy does not need to be in writing. The written doc just serves as evidence of the terms of a tenancy.

Dylan Morris

10:56 AM, 27th August 2020
About 2 months ago

Your situation is unusual as (assuming I’ve understood correctly and apologies if I haven’t) you took out a tenancy on a property that you had no intention of living in. Even though you told the landlord this would be the case. This was in order to provide accommodation for your friend, who in truth was to be the sole occupant but was falsely put down as a permitted occupier instead. In terms of removing her I think you need to engage a solicitor to sort this out for you.

Dylan Morris

11:02 AM, 27th August 2020
About 2 months ago

Check your tenancy agreement and see if it prohibits sub letting. If so this may possibly get you off the hook.

graham.bowcock@oakwoodvaluations.co.uk

18:09 PM, 27th August 2020
About 2 months ago

If you didn't ever intend to occupy the property then you the tenancy you have is not an AST (this is fundamentally an occupancy agreement). It is a straightforward tenancy. The occupancy you have granted to your (now ex-) friend will probably be an AST and you will be bound by the usual ruels and regulations.

You have probably gathered that you are in a difficult position, but the head landlord may seek to end your agreement - noting it's not an AST.

Best try to agree that the head landlord and sub-tenant deal with each other and remove your involvement.


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