View Full Version : Change in occupancy

20-09-2011, 11:52 AM

I have a married couple as tenants on a monthly statutory periodic tenancy, the initial six month fixed term on the AST having expired. The tenant now wants to sponsor his wife's mother to come over from abroad to help look after his children, presumably living under the same roof. For this purpose, the tenant has asked me for a new tenancy document to prove to the authorities that it is current. As I did not want to go the the trouble of arranging a witness for signing, I suggested writing a letter to confirm that the tenancy agreement is still in force, and the tenant says he would be happy with that.

Am I doing this the right way from the point of view of the tenancy agreement and occupancy of the property and are there any problems I ought to consider before going ahead?

20-09-2011, 12:28 PM
I think my letter would be just a statement of fact along the lines of.

I let the above property to Mr & Mrs X from xx/xx/20xx to yy/yy/20xx on the enclosed fixed term tenancy agreement.

Mr & Mrs X still occupy he property on a Statutory Periodic Tenancy as provided by section 5 of the 1988 Housing Act.

I would be wary of saying that the original AST is still in force, even if it kind of is.

20-09-2011, 12:53 PM
Aye, as Snorkerz says & (assuming your AST has the standard "no lodgers or guests without LL written permission" clause) I'd grant wife's mum a temporary, time-limited, right of "permitted occupier": (Is that wise??). And probably S21 if not already done..

Poor bloke tenant: Wife's mum in property from now on....(I had a wonderful 2nd & 3rd M-i-L..),


20-09-2011, 13:13 PM
Word of warning here - get the passport number and copy passport photo of the alleged mother in law. Is she coming from the Philipines? Nearly had similar scam pulled on me a couple of years ago the idea being alleged relative enters UK then convniently disappears ready for another 'relative' to take her place.

Advise caution.

20-09-2011, 16:35 PM
I'd grant wife's mum a temporary, time-limited, right of "permitted occupier": (Is that wise??). And probably S21 if not already done..

Thanks for this idea. Would you see it as a six month time limit or otherwise, to be renewed periodically?

Why would you do this rather than just informally allow a guest?

20-09-2011, 17:54 PM
Think time limit would need to tie in with when you could give notice to Tenants, so maybe "on 2 months notice" perhaps>?? Don't want to end up with tenants evicted and Mum still in residence...

I'd prefer to have some control, to have been seen to grant permission, rather that tenant getting the idea he can do what he likes...

You could always (if the timing is OK from a S13 point of view) tie it in with a rent increase?? More wear 'n tear?? (Blimey, sounding a bit "Daily Mail"..)