Naming Tenants individually

[seamanrob]

Hi,

My partner and I have decided to rent out our property whilst saving and moving on to hopefully greater things. We have a tenant lined up and have had the tenancy agreement written up but we have a potential problem with him.

He has two children, one of which is under the age of 18, and one which is over that age. We are happy to rent to him and the younger of the two, but the older child is an absolute nightmare and we would not be happy to include him in the deal.

As it happens, the older kid is apparently going to set up on his own in a few months time so the residence would be temporary.

So can I name both the main tenant and his younger child on the tenancy, and exclude the elder child? Perhaps make note that we have agreed he can reside for x amount of time and then leave? Or do I have to accept that to rent to this guy will result in his kids (even adult) can come and go as they please?

Any help appreciated.

[GPEL]

Anyone under 18 is a minor-in-law, therefore a tenancy cannot be created in their name, list him as an allowed occupant. Everyone over the age of 18 should ideally be referenced and go on the tenancy agreement. Even without a written agreement, if the property has been their main residence you might have created a tenancy if you knew they were living there. If the older child stays in the property beyond any term you may put as a condition, consider how would you enforce it - probably with great difficulty. Either accept the whole family unit or look elsewhere to avoid complications.

[Melboy]

I would concur with what GPEL has written.

[seamanrob]

Many thanks for that. I sort of came to the same conclusion not long after posting.

Despite my initial reservations, weve both sat down and decided that since the father (known to us anyway) is a reliable tenant and the family is generally house proud we'll turn a blind eye.

Much umming and erring going on here today!

Regards.

Rob