How do I handle illegal subletting on Booking.com?
2 years ago | 13 comments
Pushy agent wanting guests to be included onto the tenancy agreement?
12:01 AM, 13th September 2024, 2 years ago
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Hi all, what do you think about tenants having overnight guests. The AST doesn’t say anything about this.
The tenant refused landlord access last weekend (to fit an additional Carbon Monoxide detector) all was agreed beforehand, he did say he mixed up the timings and his girlfriend and baby were upstairs in bed. This is a single tenancy.
The tenant has mentioned when asked during routine visits – he stays at his girlfriends one weekend and vice versa. He isn’t trustworthy from previous issues I’ve encountered.
During all routine visits I have never seen any other occupant or evidence! However the agent is pushing for investigating if they are staying more than 3 nights than they should be on the tenancy agreement. I agree in theory but one tenant is difficult enough without the prospect of a female and child to consider.
Tenant is constantly obstructive, I wonder why?! I’m sure he thinks I don’t know what is going on in my own property, think again, why does he think I visit every 3 months, due to damages etc.
We accepted a single person to take on this Let. I feel it would be more challenging if we agreed to add them onto the agreement (not sure he would even admit it anyway.)
Are my gut instincts correct?
Thank you,
Alison
Tags:
carbon monoxide detector landlord, challenging tenants rental property, landlord access rights, landlord tenant disputes, obstructive tenants, rental property guest policy, routine property inspections, single tenancy guest rules, tenancy agreement guests, tenant overnight guests
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Member Since January 2020 - Comments: 559
10:22 AM, 13th September 2024, About 2 years ago
Why are you keen on stopping the tenant having guests (or moving hisd girlfriend in)? You cannot rule how your tenant occupies the property or make up rules – e.g. no more than three nights!.
The tenant has the right to quiet enjoyment and can live in the property peacefully. Your only issue should be with payment of rent and condition.
You may be overthinking the situation.
Member Since October 2020 - Comments: 1174
10:51 AM, 13th September 2024, About 2 years ago
Even if the girlfriend moves in, I still would only recommend she become a Permitted Occupier, not a tenant. Its not the agents place to try to force two people into a financial entanglement where they become responsible for each others property debts and where the existing tenant loses control of his property.
Member Since April 2024 - Comments: 284
2:39 PM, 13th September 2024, About 2 years ago
Reply to the comment left by DPT at 13/09/2024 – 10:51
Thank you. Yes I am possibly overthinking it. It was the agent not myself who stated if guests staying over 3 nights per week they should be included into the agreement! I do not have a problem guests staying temporarily as long as there are no damages.
My concerns are damages and there have been plenty and breaches too.
Member Since April 2024 - Comments: 284
3:37 PM, 13th September 2024, About 2 years ago
Reply to the comment left by DPT at 13/09/2024 – 10:51
I think a Permitted Occupier (which I wasn’t aware of, sounds like a better option than including his girlfriend, child and baby and dog ?♀️into the TA.)
Thank you
Member Since January 2020 - Comments: 559
3:52 PM, 13th September 2024, About 2 years ago
Reply to the comment left by Alison Clark at 13/09/2024 – 15:37
“Permitted Occupier” is pretty meaningless to be honest. It may help to clarify who should be in the house, but the PO has no legal rights.
Member Since January 2015 - Comments: 1447 - Articles: 1
9:50 AM, 15th September 2024, About 2 years ago
Reply to the comment left by Graham Bowcock at 13/09/2024 – 15:52
A Permitted Occupier is not a meaningless status for a landlord.
A tenant has legal rights and obligations, a Permitted Occupier has no right of residence should the tenant be served a s21 or s8 and, if tenancy agreement drafted correctly, has similar obligations as the tenant.
A Permitted Occupier is not an ad hoc guest but can live there only whilst the tenant lives there. If the tenant leaves then they must leave to or face a criminal charge of trespass.
Member Since October 2020 - Comments: 1174
10:17 AM, 15th September 2024, About 2 years ago
Reply to the comment left by Graham Bowcock at 13/09/2024 – 15:52
Even though PO has no legal status, its a useful concept for both parties and should be widely used in such circumstances in my view.
Member Since October 2020 - Comments: 1174
10:19 AM, 15th September 2024, About 2 years ago
Reply to the comment left by Alison Clark at 13/09/2024 – 14:39
If there are serious tenancy breaches then these should be addressed. It makes the agents recommendation of giving them a new contract even more alarming. I’d be inclined to move-on from both tenant and agent.