Tenant transfer to Mum on periodic tenancy?

by Readers Question

13:06 PM, 12th January 2017
About 2 years ago

Tenant transfer to Mum on periodic tenancy?

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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. New

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



Comments

Neil Patterson

13:09 PM, 12th January 2017
About 2 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.

Alison King

13:44 PM, 12th January 2017
About 2 years ago

I agree with Neil. And the son should be on the AST as guarantor.

Gunga Din

10:22 AM, 13th January 2017
About 2 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.

David Price

12:32 PM, 13th January 2017
About 2 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.

Michael Barnes

12:56 PM, 13th January 2017
About 2 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.

ben whitley

13:24 PM, 13th January 2017
About 2 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 .

David Price

13:33 PM, 13th January 2017
About 2 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.


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