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ANDYEMRUGBY
29-10-2009, 23:20 PM
Hello, firstly this site looks like an excellent place for new inexperienced landlords like myself to gain advice and support.

My query is that I have recently bought my first BTL property, it happpens to be the 4 bed house next door to me. I have a tenant whom I have known for 8 years, he is 2 months into a 6 month AST but plans to rent the proerty for as long as I will let him. As part of initial discussions he did say that he would like his brother to move into the house with him at a later date and also when his nephew comes home from Uni for holidays he would be staying at the property .
His brother now wants to move in and I was just wondering where I stand with regards to any ongoing occupancy rights his brother may have as a non-tenant or is he just legally classed as a guest of my tenant ? I also assume that when his nephew stays for the holidays he is classed as a guest and has no rights.
One option I was thinking about was advising them that I require an amended AST with them as joint tenants? my rationale was that as I know his brother will be contributing to the rent and hence both of them would be liable for each other in the unlikely event of rent arrears etc hence protecting my interests.

Thanks for the help in advance

Andy (York)

mind the gap
29-10-2009, 23:32 PM
If the original tenant is paying the rent and looking after the property, there is (in my view) no real need to start issuing new contracts, etc. His brother and nephew could be either his guests or his lodgers and contribute to the rent/bills, but it need not concern you. In the unlikely event of your having to evict your tenant, his co-occupants would have no rights of residency/tenancy, which is probably in your interests.

Bel
30-10-2009, 13:53 PM
If the original tenant is paying the rent and looking after the property, there is (in my view) no real need to start issuing new contracts, etc. His brother and nephew could be either his guests or his lodgers and contribute to the rent/bills, but it need not concern you. In the unlikely event of your having to evict your tenant, his co-occupants would have no rights of residency/tenancy, which is probably in your interests.

If an agent was managing the property they woud normally insist that all occupants become tenants for the reasons you have stated.

But I agree with MTG that your original tenant will feel more in control and happier if they are in charge...if the brother become co-tenant he will have equal rights and this can lead to conflict.