Tenant wants her daughter to move in

by Readers Question

14:15 PM, 1st September 2014
About 4 years ago

Tenant wants her daughter to move in

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Tenant wants her daughter to move in

I have a couple who are on an ongoing AST. They have been in the house for one year now and they have just said they want to have a daughter to stay from September to November. She is unemployed and is 21 years old. Tenant wants her daughter to move in

I phoned the R L A for advice and I was informed that I could be subletting and that my building insurance could be void if there was a serious claim, say like a fire.

My concern is twofold 1) am I in breach of the insurance and 2) I would now have a 3 rd person using my 2 bedroom house which would increase the wear and tear on it and my guess is that she would stay longer than November as Christmas is coming

Any ideas please

Jeff



Comments

Mark Alexander

14:25 PM, 1st September 2014
About 4 years ago

Hi Jeff

I am shocked that RLA gave you that advice based on what you have said above.

Your tenant is perfectly within her rights to have guests, including her daughter, and I can't see any reason for this being deemed to be sub-letting, let alone why it might invalidate your insurance.
.

Mandy Thomson

16:10 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "01/09/2014 - 14:25":

...Otherwise, we would all become lodgers or subtenants every time we stayed with friends or family!

Mark Alexander

16:44 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "Mandy Thomson" at "01/09/2014 - 16:10":

Indeed!
.

r01

19:04 PM, 1st September 2014
About 4 years ago

Actually Mark, whilst I agree with the comment about a tenant allowing a guest (especially their own daughter), to stay on an ad-hoc basis, there could genuinely be an insurance issue here, depending on the insurers and their requirements. The old "read the policy carefully" maxim applies here.

One of my properties is occupied by a couple and their two children. They recently had the second and the wife's mother came over from abroad to help out in the early months so the wife could go back to part-time work.

I came to renewing my annual insurance policy and one of the questions my insurers ask is "..how many adults and how many children are living at the property?"

If the policy declaration states two adults are living at the property and a third adult moves in long term with the landlord's knowledge & this is not declared, the insurer could very easily refuse to pay out for a claim on the grounds the insurer was not made aware of a material change as is required as part of the policy. I appreciate I'm being a devils advocate here but clearly, the risk could increase if they allowed a mentally unstable daughter with her drug addict, pyromaniac boyfriend who has just come out of Holloway prison to move in.

We all know insurers - keen to take our money and equally keen to find any excuse (no matter how ridiculous), not to pay out.

Jeff, just pick the phone up and check with the insurers just to be safe - they'll probably increase the premium but at least you'll sleep easy. What you do about the additional person is up to you, but I would suggest it is perfectly reasonable for a two bedroom property to be occupied by a couple and their daughter. After all, your rent is surely based on the property - not the number of people who stay there?

R

All BankersAreBarstewards Smith

19:05 PM, 1st September 2014
About 4 years ago

phone your insurer and ask them what they think re their cover and the risks....

Mark Alexander

19:43 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "r01 " at "01/09/2014 - 19:04":

I have never been asked that question by my insurers.
.

r01

20:34 PM, 1st September 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "01/09/2014 - 19:43":

My point exactly Mark. Each insurer seems to put different things in the way to try to avoid paying out and sneaks these into the policy document. I understand (I think it may be from a post on this site?), one insurer now requires all locking windows in a buy to let to be locked or a claim can be refused. How can you possibly ensure a tenant always locks the windows??

Another example is Burglar alarms. I have a burglar alarm installed in my own house but "she who lets me decide my own course of action as long as it's her idea", seems to have some sort of inability to remember as she rushes out on her regular shopping jaunts. It becomes an automatic requirement to set it or you hand the insurers a "get out of paying free" card should you get burgled, so when asked if I have a burglar alarm and locking windows I just say no to both - it's never affected my premium to date as far as I can tell but at least I hope the insurers can't wriggle out of paying up on that one.

R

R

Rob Crawford

21:10 PM, 1st September 2014
About 4 years ago

Hi Jeff, only your insurer can advise. I would say that staying a couple of months is not living there and is not moving in. So the term "living" and "moving in" may need to be clarified. I would suspect "living" / "moving in" is if you are staying in the property as a main residence in which case this would not apply in your situation. I would suggest that what you have described is visiting!

raj beri

8:17 AM, 6th September 2014
About 4 years ago

The AST often has clauses about people staying over but if someone stays 2-3 months, how do you know anyway unless you do a property inspection every 2 months or every month (harassment)

philip allen

12:11 PM, 6th September 2014
About 4 years ago

To ro1,
Her "pyromaniac boyfriend" wouldn't have just come out of Holloway prison. It's an all ladies prison 🙂 Lol.
I do agree with your suggestion of simply calling the insurers and asking the question.

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