9:36 AM, 17th January 2024, About 2 years ago 21
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Hello, I wonder if I can get some advice and guidance from the fellow landlords please. We have a three bed house. Tenant A and her mum (tenant B) and sister (tenant C) are currently living in the house – so one household. The current tenancy agreement is in Tenant’s A’s name.
The sister (tenant C) wants move in her boyfriend into the house. Which we said it’s ok because technically they are still under one household – so not HMO.
My concern is: what if the tenant C left but her boyfriend still stays in the house (I see no reasons why he would, but just in case) so that will make the house a HMO which is what I want to avoid.
So, what is the best option for me to make sure that the boyfriend will leave when tenant C leaves?
Option 1) Should I add everyone onto the tenancy agreement including the boyfriend? (We are due to sign a renewal tenancy agreement in the coming month with the updated rent); OR
Option 2) Shall I put tenant B and C onto the tenancy agreement but add the boyfriend as the permitted occupier and state that if his girlfriend leaves (Tenant C) then he must leave with her?
Option 3) Only have the tenant A’s name on the agreement but add all the others as permitted occupier but again states that boyfriend must leave if tenancy C leaves?
Thank you!
Angela
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Shinh
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Member Since July 2023 - Comments: 95
9:48 AM, 17th January 2024, About 2 years ago
All named over 18 named on the ast with joint and severable liability
As worst case is everyone leaves and the boyfriend remains!
Plus UK guarantor if possible
Stella
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Member Since May 2014 - Comments: 581
9:56 AM, 17th January 2024, About 2 years ago
Why not have the boyfriend as a permitted occupier.
This would mean that he would have no rights and would have to leave when the others left.
Of course you could not accept rent from him.
Judith Wordsworth
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Member Since January 2015 - Comments: 1333
10:39 AM, 17th January 2024, About 2 years ago
Is this question posted by the News Team or a real person called Angela?
If from the News Team then perhaps should not be a question but the working and legal solution to the problem ?
Neil Patterson
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Member Since February 2011 - Comments: 3444 - Articles: 286
10:50 AM, 17th January 2024, About 2 years ago
Reply to the comment left by Judith Wordsworth at 17/01/2024 – 10:39
Sorry It’s a Readers Question
No Name
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Member Since September 2022 - Comments: 21
10:59 AM, 17th January 2024, About 2 years ago
Hello thanks all for all the replies.
I had a second thought about this. So technically I can include all four names onto the Tenancy agreement- so this is now a joint tenancy.
My understanding of joint tenancy is that if ONE tenant leaves or gives notice then it ends the tenancy for all tenants.
If this is correct, then it eases my concern that if only Tenant C leaves but her boyfriend stays along with the rest of the tenants so that will make it a HMO which is what I want to avoid!
Any further thoughts on this option?
Shinh
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Member Since July 2023 - Comments: 95
11:03 AM, 17th January 2024, About 2 years ago
Reply to the comment left by Angela Angela at 17/01/2024 – 10:59
Who advised you of this ?
Paul Essex
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Member Since June 2019 - Comments: 647
11:37 AM, 17th January 2024, About 2 years ago
Just a note of caution if any of the tenants are on benefits a new partner may reduce their entitlement, if there is a rent claw back it becomes impossible to claim you did not know about the situation if you have added him to your records.
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Member Since September 2022 - Comments: 21
13:11 PM, 17th January 2024, About 2 years ago
Reply to the comment left by Shinh at 17/01/2024 – 11:03
By googling info online lol
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Member Since September 2022 - Comments: 21
13:12 PM, 17th January 2024, About 2 years ago
Reply to the comment left by Paul Essex at 17/01/2024 – 11:37
Sorry, could you explain this a bit more please?
So if any of the tenants are on benefits then I can’t claim back any unpaid rents later on?
Cider Drinker
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Member Since December 2023 - Comments: 1513
13:23 PM, 17th January 2024, About 2 years ago
Reply to the comment left by Angela Angela at 17/01/2024 – 13:12
If housing benefit is paid directly to the landlord from DWP or UC then, in the event that the tenants’ claim is found to be fraudulent, the Authorities will do a chargeback and recover the money from the landlord.
If the tenant pays you then it’s not a problem.