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JimQuinn
20-06-2011, 12:05 PM
Hi I have a 3 bed house which I let out. Currently there are two lads as tenants. During a recent inspection I discovered they had been allowing a friend to stay in the third bedroom and want this to become a permanent fixture. Just wondering how other land lords woild handle this? Would you want more rent?, new agreement signed? All advice appreciated.

mind the gap
20-06-2011, 12:56 PM
If the lads are unrelated and you have a joint tenancy (as you sound to do) then your property would become an HMO and that might involve additional licensing regulations (depends on your local council - ask them).

Otherwise, assuming the rent was competitively set to begin with, then yes, I would want a bit more rent (to reflect greater more wear and tear if nothing else)- say another 20%-25% of what they pay jointly now as a pair.

Yes, surrender the old tenancy and start a new one, first checking the new tenant out (credit and references) as you would any other. Don't just take his mates' word for it that he is a sterling chap; he chould be a total disaster. Return deposit, take a new joint one, protect it and get them to sign a new joint tenancy agreement.

jta
20-06-2011, 14:46 PM
Hi I have a 3 bed house which I let out. Currently there are two lads as tenants. During a recent inspection I discovered they had been allowing a friend to stay in the third bedroom and want this to become a permanent fixture. Just wondering how other land lords woild handle this? Would you want more rent?, new agreement signed? All advice appreciated.

I disagree. You are letting the whole house out to the two young men, that means that they are able to have a guest overnight or for a week without your say so. In fact, if they wish they could accommodate their friend as a lodger and so help with their rent. This would not affect the rent you have agreed to.

We say this quite often on here,' it may be your property but when it's let out it is their home and you have no right to interfere'.

mind the gap
20-06-2011, 14:49 PM
I disagree. You are letting the whole house out to the two young men, that means that they are able to have a guest overnight or for a week without your say so. In fact, if they wish they could accommodate their friend as a lodger and so help with their rent. This would not affect the rent you have agreed to.

We say this quite often on here,' it may be your property but when it's let out it is their home and you have no right to interfere'.

Yes, but if the arrangement becomes permanent as OP suggests his Ts wish it to be, the 'visitor' ceases to be an overnight guest, doesn't he?

Most TAs prohibit long-stay guests, or at least ones for whom the rental property becomes their main abode.

I agree with you that he could be their lodger, though. That may in fact be simpler or all concerned.

Snorkerz
20-06-2011, 16:36 PM
The first thing to verify, is are the 2 on a joint contract and do they have a tenancy for the whole property?

If yes to both of those, then the landlord has no actual right to bring the current tenancy agreement to an end and impose a replacement. All LL can do is attempt to evict under section 8 ground 12 (1988 Housing Act) if the tenancy agreement shows any limitation on number of occupants - &/or charge for anything above fair wear and tear from the contract.

However, I think LL may want to look more closely at the HMO aspect mentioned by MTG in post 2. Having a third unrelated tenant makes it an HMO which must comply with HMO regulations. It may also need licensing, but I suspect this is less likely. So, does the property comply? If not, then you should advise your tenants that the extra occupier can not stay long term as this would change the status of the property and the property does not comply with the requirements of its new HMO status. If Ts refuse to remove occupier 3 then their tenancy should not be renewed and they should be evicted using section 21. If s21 time is too far away, then the satus change may add extra weight to a s8g12 possession claim.

JimQuinn
22-06-2011, 12:05 PM
Hi All,

Thanks for your responses, really useful. Spoke to my local council who say if friend moves in then my property would be a HMO. Have written to tenants advising them of this and that friend will not be able to stay long term. Also quoted relevant section of agereement disallowing sub letting. Don't want to get too heavy handed as there's been no real problem with them and rent is paid on time. State of carpet was poor but i'll address that when they leave.

Cheers

Jim