Tenant left but brother paying rent and arrears?

Tenant left but brother paying rent and arrears?

15:34 PM, 24th June 2021, About 3 months ago 7

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My letting agent has just worked out that my tenant (A) returned to Romania last year after catching Covid and is still very unwell. He is not returning to Scotland. His brother (B) has been living in the flat, paying the rent and also paying the rent arrears left by the tenant.

We only found this out last week after the first physical inspection since March 2020. There is a language barrier, and the letting agent arranged for a native speaker to contact the resident. It was only then that it became apparent that A had left and B was in residence.

I don’t particularly want to evict B (especially as he’s paying every month, including an amount towards A’s arrears). How do I ensure the lease is dealt with properly?

This is an old-style Short Assured Tenancy agreement with the Deposit lodged with Safe Deposits Scotland.

If I terminate one lease and create a new one, do I have to waive the arrears? Or could the current lease be changed to add B?

Any advice welcome.

Pamela



Comments

by Chris Bradley

10:32 AM, 25th June 2021, About 3 months ago

Is there right to rent checks in Scotland like in England. That would be my first concern.

I'd then arrange a new rental agreement and the rent can be adjusted to take account of the arrears

by Paul Maguire

12:33 PM, 25th June 2021, About 3 months ago

No Right to Rent checks needed in Scotland. We're short of people !! Personally, I'd leave the situation as it is and count my blessings.

by Roy B

7:25 AM, 26th June 2021, About 3 months ago

Is tenant never returning or does he intend to return eventually when he is better and his brother is looking after the place til he gets back?

by Smartermind

11:18 AM, 26th June 2021, About 3 months ago

Reply to the comment left by Paul Maguire at 25/06/2021 - 12:33
The problem with leaving the situation as it is is that if the brother trashes the place, then the landlord has no comeback as there is no contract between them. Better to have a new lease with adjustments for the arrears if you must, although the brother is not liable for his sibling's arrears.

by Pamela Young

12:54 PM, 26th June 2021, About 3 months ago

Reply to the comment left by Roy B at 26/06/2021 - 07:25
Hello, the original tenant is not returning to Scotland. By all accounts, he has long Covid and is still very unwell. My letting agent should have noticed the rent coming from a different bank account but they also furloughed staff last year and obviously the brothers have the same surname.

by Dylan Morris

9:53 AM, 28th June 2021, About 3 months ago

Shouldn’t your letting agent be recommending how you proceed and sorting all this out for you ?

by David

10:43 AM, 28th June 2021, About 3 months ago

As the situation sounds fairly positive, I would just write a letter, (get it translated too) to the brother acknowledging him as a guest of the tenant and thanking him for the rent payments which are accepted on behalf of the tenant.


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