Should I add the boyfriend to the tenancy agreement or as a permitted occupier?

Should I add the boyfriend to the tenancy agreement or as a permitted occupier?

9:36 AM, 17th January 2024, About 4 months 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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Comments

Cider Drinker

13:29 PM, 17th January 2024, About 4 months ago

Add them as a co-tenant or as a permitted occupant.

Your mortgage and insurance may require all adults to be named on the agreement. Theres also a need to do the Right to Rent checks. If the adult isn’t named on the agreement then it’s the tenants’ responsibility but I think we all k ow who the Authorities would chase.

Michael Booth

16:55 PM, 17th January 2024, About 4 months ago

Reply to the comment left by Cider Drinker at 17/01/2024 - 13:23
That's correct , l learned the hard way when first renting to benifit claimant , told them to get rent paid direct not knowing the conciseness of direct payment got caught for 100s£ not no more ,they collect the benifit and pay me non payment results in a immediate eviction notice .

David Houghton

19:05 PM, 17th January 2024, About 4 months ago

It really depends on how critical this is. Are you in an area of selective licensing? Girlfriend and boyfriend separate, girlfriend can't kick him out if he is on tenancy? Is this an issue. Personally unless mum is asking I would not add his name, even then I would try and talk her out of it. What's wrong with the periodic tenancy? Do you need to renew?

Angela Angela

20:34 PM, 17th January 2024, About 4 months ago

Reply to the comment left by David Houghton at 17/01/2024 - 19:05
Yes need to renew as one tenant left.
What reason risks do you foresee?
I am not in a selective license area but am in an article 4 directive area and hence do not want the house to become hmo.
But if all of them are on the same tenant agreement as joint tenants then the sister can just give me notice and then it ends for all tenants (if she wants to kick the BF out).

Angela Angela

20:35 PM, 17th January 2024, About 4 months ago

Reply to the comment left by Cider Drinker at 17/01/2024 - 13:23
Thanks for the reply. The tenant pay me directly so no issues.

David Houghton

20:40 PM, 17th January 2024, About 4 months ago

Reply to the comment left by Angela Angela at 17/01/2024 - 20:34
Yep, iffy area of you suddenly have a planning breach because of a relationship ending. Not exactly sure if that would count as development under the planning legislation. Could you consider variation of previous tenancy agreement, rather than replacement to deal with one person leaving? Saves a lot of work

Angela Angela

20:49 PM, 17th January 2024, About 4 months ago

Reply to the comment left by David Houghton at 17/01/2024 - 20:40
Not sure if keeping it periodical contract will make a difference as the BF is moving in.
I could just add BF as a permitted occupier but think that will get even more messy if Tenant C (sister) leaves but he stays with the rest of the tenants (again, that will be a really strange situation as why would he want to stay with her mum and sibling after she left).
Instead, if all on the agreement as joint tenants my understanding is that if Tenant C (sister) left by giving notice then it ends for all tenants so all tenants much leave.

Shinh

21:00 PM, 17th January 2024, About 4 months ago

Reply to the comment left by Stella at 17/01/2024 - 09:56
All occupants have rights irrespective of classification. No police will remove any person as its a civil matter.

You'll need to go to court to gain possession and terminate the AST. Unless named tenants terminate it
LL cannot terminate an AST bilaterally

JC

8:17 AM, 20th January 2024, About 4 months ago

The simple answer is glaring you in the face.
Give your tenant notice to leave the property.
Problem solved!

Jessie Jones

10:05 AM, 20th January 2024, About 4 months ago

I was recently renting a house to two guys, and pretty soon after they moved in, one of them had his girlfriend staying over most nights, if not every night.
As landlords we can't control which guests our tenants have, and how many nights they can stay.
I would inform the tenant that you do not agree to this boyfriend being a formal tenant, or permitted occupier, or otherwise using the property as his main address. However, you don't propose to monitor where he keeps his toothbrush or clothes.
That way he has no formal standing at the property, he has no rights as a tenant, you have not created an HMO, and the daughter can kick him out whenever she falls out with him.

This would just be my approach; others may have an opinion on the legalities of such.

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