One tenant is going travelling for the summer and wants a mate to move in to cover his costs whilst he does so

[Bernadine]

One of my tenants (there are two in the same property) wants to go travelling for a couple of months this summer and move a mate in to his room during his absence. Do I need to get the mate to sign a new contract or can I send an email to the tenant specifying that the tenant is still liable for any rent payments not made by his friend or any damage done in his absence. Would this stand up legally?

Has anyone any advice?

Thanks.

[Carryon Regardless]

Is this a lodger situation?

There are many questions need be answered by the t and mate. Either way this would be too 'potentially' complicated and risky for me to entertain it.

I would prefer the 'room' to be vacant for a 'couple' of months and suggest the traveler apply for it again on his return.

[Bernadine]

I have two tenants in the flat who hold a joint contract. I'm guessing the tenant going travelling would be legally subletting to his friend (should he move in for the absent period) in order to hold the property for his return.

It could be that if I refuse the tenant's request for a "filler person" then that will mean both tenants will be forced to leave and I will incur the cost of finding new tenants (currently through an estate agent which isn't cheap). They are both good tenants and I would prefer to keep them if possible but am nervous of what could go wrong with the "filler tenant" in situ.

[Carryon Regardless]

As they have an AST it's their choice who they have as guests anyway.

The traveler doesn't intend to surrender his tenancy, the remaining T has possession, still with the traveler jointly responsible (who in theory also has possession), so I don't see there is any change legally.

The only involvement you may decide on is to request a guarantor if you don't already have one.

Edit: A concern I would have is that of the status of the 'filler' guest for him to find it easy to take up occupancy for this short duration. Not that you have choice as by the time a court could give you repossession you are expecting the traveler to have returned anyway.

[Bernadine]

Do you think it will give the “filler tenant” any rights if I accept payment from him in regard to the “traveller tenant’s” monthly payment?

I am considering putting in an email to the joint tenants that any payment for the “traveller tenant’s” portion of the rent should continue to come through the “traveller tenant” rather than through the “filler tenant”. Do you think that is advisable or would that be somehow inferring rights to the “filler tenant” by admitting knowledge that the “filler tenant” is likely to be paying the rent in the absence of the “traveller tenant”?

Should I simply respond to the tenant re-stating that he is liable for the rent and continues to be bound by the AST contract whilst travelling and leave it at that?

Thank you very much for taking the time to respond to my query.

[Carryon Regardless]

You could remind the traveller as you wish, but until his tenancy is closed out his responsibilities remain.

There is some issue around where you accept rent from but we need Grampa to comment here. I would favour them being made aware that whoever makes payment it is on behalf of the tenant. The guest isn't and you don't want him to be without checking him out.

[Bernadine]

Thanks for your help.

[Grampa]

Filler tenant = C

Traveller tenant = B

Remaining tenant = A

Do not accept any rent directly from C or enter into any written (or text) correspondence as that could infer you have granted a tenancy and have to follow normal tenancy rules.

Another question this situation raises is if C is paying rent to B, C cant be a lodger because be doesn't have a live-in landlord that could infer B has granted a tenancy and will have to follow normal tenancy rules.

If tenants A & B (as joint landlords) grant a lodger licence to C that would be ok as A would still be living in the property.

If you do go down this route:

Get a guarantor

Supply and approve the lodger agreement

Keep a copy of agreement.

Meet the Lodger.

Make it clear to B you expect rent to be paid in the same manner as now and any missed payments you will request payment from the guarantor.

[Richlist]

.......and in your shoes, as all of this will take up your time & effort, I'd increase the rent slightly or make a one off charge for administration. After all, its not you who wants to go travelling but, its you who will need to ensure everything has been arranged correctly......so don't you need paying a little extra for doing that ?

[Carryon Regardless]

Grampa to understand how the 'inferred tenancy' can apply perhaps you could clarify some points for me.

I'll start a new thread so as not to poach and confuse this thread.

[Chestnut]

Concur with Grampa and RL, except I don't think you should deal formally with C other than perhaps meet.

A & B remain responsible for rent and tenancy, even if either or both absent. C is only ever a guest (only 2 months). A & B effectively both Guarantors for any costs they transfer to C.

Thank A & B for letting you know, agree to C as their guest for 2 months, and remind A & B by letter of their position and obligations. Don't write anything to C.