Tenant transfer to Mum on periodic tenancy?
My tenant of one and a half years on an original 6 month AST has met someone and is moving out.
Now it had become pretty obvious that his mother had started living there and he asked me if she can stay and he will continue payments and leave his deposit in DPS scheme.
His mother does work, but not a great earner I imagine. I did say ok as long as he realised he is still liable for anything including rent as technically she is not a tenant but now I’m thinking insurance etc.. ??
The lad works where I do so not a complete stranger.
Many thanks
Ben
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Member Since February 2011 - Comments: 3453 - Articles: 286
1:09 PM, 12th January 2017, About 9 years ago
Hi Ben,
Please retract your offer.
This needs to be a new AST in the Mothers name and you need to refund the deposit and reprotect it in the new name.
Member Since September 2015 - Comments: 239 - Articles: 1
1:44 PM, 12th January 2017, About 9 years ago
I agree with Neil. And the son should be on the AST as guarantor.
Member Since September 2015 - Comments: 222
10:22 AM, 13th January 2017, About 9 years ago
Agreed. You don’t want to find yourself with some sort of dispute in the future, with an occupant who is not even on the AST. Terminate the existing tenancy and start a new one with Mum as if there was no relationship between the two. There should be no grey areas and all paperwork should be bulletproof. The fact that you know the chap at work should not affect things.
Member Since May 2015 - Comments: 2190 - Articles: 2
12:32 PM, 13th January 2017, About 9 years ago
Reply to the comment left by “Neil Patterson” at “12/01/2017 – 13:09“:
Neil you beat me to it and stole my thunder. Walking on broken glass is a breeze compared with the situation you could find yourself in if you do not follow the advice of all the contributors so far.
Member Since July 2013 - Comments: 1434
12:56 PM, 13th January 2017, About 9 years ago
If it is no longer the tenet’s main residence, then it is no longer an AST, and lots of legal complications arise.
As stated above, a new AST for the mother with the son as guarantor.
Oh, and don’t forget to get the son to serve notice in writing.
Member Since December 2013 - Comments: 13
1:24 PM, 13th January 2017, About 9 years ago
Yes thanks for the replys. So I shall ask for his notice in writing ,refund deposit and if he’s happy to as his mother cannot afford deposit apparently resecur deposit with new ast in her name. I like the idea of using him as a guarantor .
Member Since May 2015 - Comments: 2190 - Articles: 2
1:33 PM, 13th January 2017, About 9 years ago
Don’t forget that if he supplies the money for the deposit all the literature must be served on both him and his mother. Get them both to sign copies for your retention.