Tenant asking to move young brother in for a couple of months?

Tenant asking to move young brother in for a couple of months?

9:29 AM, 28th June 2022, About 2 months ago 7

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Tenant just contacted me to say his younger brother is moving in for ‘a couple of months’ as his parents (whom he lives with) are being evicted and my tenant wants to give him some stability while the parents are in temp accommodation.

How do I approach this?

While I understand the position, this is clearly not for a few nights sleepover. He is not part of the existing unit etc. The tenant is on benefits so assume this will enact a change of circumstance if declared?

I would have thought if the parents are being evicted and they have a child then the council would have a duty to house them quicker with a child rather than without one?

Better to refuse this straight off?

AST only lists tenant and two named children of his own.

Many thanks

DSR



Comments

Smithy

12:15 PM, 28th June 2022, About 2 months ago

If it was me, I would not have a problem. I have had grandchildren/siblings (both under 18) and adult siblings move in and out of several of my houses. With the adults, I always check that they are genuinely family. I explain that this is because of HMO legislation which we wish to avoid. (And with adults I check their 'Right to Remain' also.) If your tenants are generally ok, I think it is a nice thing for them to do to help their family through a difficult patch. The problems of the parents (being evicted) need not be visited on their children if it can be avoided. Personally, I might just ask if it makes any difference to their benefits - but generally I regard their dealings with the benefit office as their business not mine.

Judith Wordsworth

12:28 PM, 28th June 2022, About 2 months ago

That’s fine but depends on the age of the younger brother. If +16 get an Excluded Occupier Deed signed by the younger brother, also a Deed stating that the younger brother has no legal rights in or to the property.
And as Smithy above has said. Nicely double check he is immediate family.

Kate Mellor View Profile

14:21 PM, 28th June 2022, About 2 months ago

You don’t state what your concerns are with the situation. Your tenant was honest enough & responsible enough to notify you which is a bonus.
Your only concern here should be potential overcrowding, but if this isn’t a concern I would say you only need to establish the age and identity of the brother (if he is nearing or over 18). There can be no question of a reduction in benefits entitlement through having an extra child, so no obligation for you to report a change in circumstances (unless the brother is an adult in full time employment, which seems unlikely). He will not have any rights of tenancy unless you accept rent payments directly from him. Personally I don’t see a problem.

DSR

9:58 AM, 29th June 2022, About 2 months ago

update.. called NRLA also for their view . They suggested telling tenant that if the council have deemed a duty of care to parents who are being evicted with em accom then the child (they are under 18) is accounted for in this, so they must remain with parents.
While my tenant was nice to inform me, there are underlying reasons for concern and hesitancy regarding their request.

Smithy

13:37 PM, 29th June 2022, About 2 months ago

Reply to the comment left by DSR at 29/06/2022 - 09:58
Poor child. Stuck in emergency accommodation (possibly a bedsit or b&b) rather than living comfortably with your tenants as part of a stable family group.
Even with a child, emergency accommodation is not good.
I get the impression you were looking for someone to give you a reason for not accepting the child and now you have found them.

DSR

13:51 PM, 29th June 2022, About 2 months ago

Reply to the comment left by Smithy at 29/06/2022 - 13:37
not at all. Quite a difficult situation actually so your assumption pretty far from the truth, but I am unable to go into more detail. The request caught me off guard and I just wanted another 'distanced' perspective.
Difficult to see the wood from the trees sometimes and we all know being a LL is not always black and white....

SamLondon

11:08 AM, 2nd July 2022, About 2 months ago

Reply to the comment left by Smithy at 29/06/2022 - 13:37
Smithy, let's try and take posts such as DSR in good faith. Every landlord and tenancy and landlord has its own history and financial situation to weigh up

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