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Tenant Moved in Another Tenant

Started by oldtownlettings, July 10, 2009, 12:19:37 PM

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oldtownlettings

I have a tenant who has apprently moved in a female and her two children without my permission. It is a two bed bungalow and he already has his own child living there. Is he allowed to just move in anyone he choses without asking? I dont really mind but i would have liked to have been spoken to first. Also, where do i stand legally with regards to other people occupying the property who are not named on the tenancy? One thing i am also concerned about is that he claims housing benefit. It is paid direct to the tenant but am i legally obliged to tell the local authority about his change in circumstaces?

propertyfag

Hey Donna,

You need to check your AST. Your tenant could be subletting- usually there's a clause in the AST that states whether the tenant is allowed to do that without permission. usually tenants are required tp ask for permission from the head Landlord.

If your AST states he needs permission, then he is in breach of contract.

And yes, by law you're meant to inform the local authorities, because your tenant could be committing benefit fraud.

Please let us know what what you decide to do and what the result is.

Good luck!

oldtownlettings

Thanks for your quick reply.

The AST states 'The tenant agrees to use the property as a private residence for the Tenant only and not to carry on or permit to be carried on from the property or any part thereof any profession, trade or business whatsoever, nor to let aprtments in, nor to recieve lodgers or paying guests on the property.'

Im assuming he isnt subletting, just that he has moved in a girlfriend and her kids.

Jools

In theory, as it is his house, he is allowed to carry on his normal life without outside input. In practice, and out of common courtesy, he should inform you that this has now occured. Your AST should also state somewhere that any children under the age of 18 must be notified to you if they live at the premises.

It really depend on whether the new person is a paying lodger or really is his girlfriend. I would say that you are obliged to inform the HB people of this as knowing them, if it all goes t*ts up they could try to say you knew about it and failed to inform them - lets screw the landlord as I like to call it!

How many children are there. There will be a legal minimum size for the bedrooms and occupancy and you may need to comply with other building control issues! If you are renting the house based on the fact that one person is in there and now there are two + then you are losing money. You also need to inform th ecouncil tax department as they will no longer qualify for any single occupancy discount.

Best get it checked ASAP!!

Jools


oldtownlettings

Thank you for the information.

The AST I use is one I got from this website but I cant see anywhere where is says about under 18s. The property is a 2 bedroom bungalow and I believe there is my tenant, two of his children (boys) plus this new lady and another child and a baby. Originaly he told me that is would be just him and one of his children with the other staying over occasionally.

I dont mind him having them there at all so long as everything is above board. I just thought that really he should have told me out of courtisy more than anything. I felt like i should write to him but I want to check where i stand first as if he isnt in breech of his agreement i guess there isnt much a can really say.