Tenants Daughter comes of age – on or off the AST?

by Readers Question

10:35 AM, 29th October 2014
About 6 years ago

Tenants Daughter comes of age – on or off the AST?

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Tenants Daughter comes of age – on or off the AST?

I have a good tenant; he pays on the dot, is happy where he is and wants to stay on long term.

He is a single parent and has a teenage daughter that has recently come of age. His AST is up for renewal and we are both happy to renew.

The daughter doesn’t seem to be in any kind of permanent work so presumably is wholly dependent on the father (for paying the rent etcetera).
2 Questions for the community;
1) Should I include the daughter on the new AST?
2) What is the risk in not doing so?

I’m sure there are many ‘What ifs’ to consider (and here’s a few of mine)
• What if the unexpected happened to her Dad?
• What if she got a boyfriend who wanted to move in?
• What if she became pregnant?

I’m sure the answer to these and many other scenarios will come out of the comments addressing points 1 & 2 above.

Thanks in advance to the community for their thoughts

ClaudioOnoff


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Comments

Mark Crampton Smith

14:40 PM, 30th October 2014
About 6 years ago

I would always advocate putting an adult living in the property onto the tenancy agreement. If she has no income, and her father can cover the whole rent, perhaps he could act as her guarantor? I believe it is critical for buildings insurance, that all those living in a property have a legal right to do so.

Michael Barnes

15:55 PM, 30th October 2014
About 6 years ago

Reply to the comment left by "Chris Sheldon" at "29/10/2014 - 11:32":

1. How do you make someone a Permitted Occupier?

2. If tenancy is statutory periodic when child turns 18, then what is the best approach (anyone)?

Chris Sheldon

16:17 PM, 30th October 2014
About 6 years ago

Reply to the comment left by "Michael Barnes" at "30/10/2014 - 15:55":

Hi Michael,

1. You make someone a permitted occupier by acknowledging on the tenancy agreement that they are permitted occupation within the property whilst the tenant is in situe. We use a simple clause and acknowledge the occupiers contact details.
2. You could produce an addendum to the tenancy agreement which is in place stating that you as the landlord agree to allow the specific adult occupation whilst the current tenant is in situe, signed by yourself the tenant and the occupier.

Hope this helps.

Recardo Knights

9:26 AM, 31st October 2014
About 6 years ago

Hi Claudio,
I would not add the daughter to the tenancy agreement as there is no advantage. have you considered not issuing a new AST but let it roll on to a periodic, as the father wishes to stay long term there is no need for a new AST.

I would draft a letter to the father which says in effect YOU give your permission for him to take his daughter as a lodger. He is responsible for her actions and any damage caused by her will be taken from HIS damage deposit. If she does anything to breach the existing tenancy agreement (anti-social etc), The tenant will have to ask her to leave or the tenancy will be at risk.

The lodger (daughter) also has to sign a copy which states she is aware she has no rights to the tenancy, but will comply to the terms and conditions stated in her fathers agreement.

This is something I did about 8 months ago. If their is a flaw in I I'm sure others on this site will advise me.

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