burremr Posted February 23, 2015 Report Share Posted February 23, 2015 Hi, property has been let to an unmarried couple with a child under 10 via an AST since Oct 14. Email from agent below makes me suspicious that this was planned in some way but I have no evidence this. Miss X will continue to work from home and receive partial HB plus other benefits as a single mother. Should I be concerned? Has anyone had any similar experiences? Your Tenants at xxxx have separated and have asked if Miss x can stay in the house with her daughter and Mr y be her Guarantor, as references were done x months ago we have advised that we will carry out our reference process again which they are happy to do. Are you happy for Mr y to come off the agreement and act as Guarantor providing that the references and credit check come back satisfactory? Adpro2 Link to comment Share on other sites More sharing options...
Melboy Posted February 23, 2015 Report Share Posted February 23, 2015 If your conditions of letting out the property through your LA states that you do not want DSS tenant occupancy but private tenant's only then only you can make that decision whether to carry on with the situation you find now yourself in. Assuming you are on a 6 month AST then there is only 2 months or so to go when you could get rid but that in itself could present problems for a single Mother looking for a property with children needing a DSS tenancy. Were you set-up? Hard to prove but does have all the hallmarks. Other than that if there is no major hiccups then personally I would carry on but any messing about then it would be notice to leave. Link to comment Share on other sites More sharing options...
Mortitia Posted February 23, 2015 Report Share Posted February 23, 2015 I'd issue a Section 21 4 b ( to gain possession in future) now just in case. Set up - yeah I think so - this is why I insist on interviewing and referencing tenants personally and not relying on agents. Link to comment Share on other sites More sharing options...
Richlist Posted February 23, 2015 Report Share Posted February 23, 2015 1. What does 'Miss x will continue to work from home' mean ? Most residential leasehold property does not allow the property to be used for business purposes. There is usually a restriction by the mortgage lenders t and c's. 2. Many mortgage lenders stipulate that benefits claimants are not permitted.....check yours or you maybe in breach of the lenders requirements. 3. Any guarantors should be home owners to ensure they do actually have some tangible assets that you can get your hands on should the tenant owe you money. No assets = no point in them being a guarantor. 4.If it were me it would be goodbye miss x. !! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 23, 2015 Report Share Posted February 23, 2015 Mr y as T or as G'tor carries the same responsibilities. New agreements by the A will no doubt be billed to some one and maybe there is no advantage anyway. Who is G'tor at the moment? A new agreement releases them of responsibilities so another reason why you may be as well leaving as is. Mr y is going to have new expenses ahead for his new start, is he affluent (unlikely if they are renting)? When was the last time 'you' inspected the property? Appraising their character and life style might be a big factor for your decision. After all if "to continue to work from home" involves a red light in an upstairs window you might be less than impressed. I would call on spec, any warning means you are unlikely to see how life really is. If it is inconvenient at a time when she / they really desire your approval then perhaps this is a sign in itself If she's attractive anticipate unknown (by you) attention by admirers. these situations can create many issues ahead. Alarm bells yes, but it's maybe premature to run scared just yet. Link to comment Share on other sites More sharing options...
Grampa Posted February 23, 2015 Report Share Posted February 23, 2015 I agree with all that’s been mentioned. First check that your mortgage and or insurance allows tenants on benefits (as per Richlist advise) and if so and you are happy for her to stay on as a single mother do nothing else other than serve a s21 (as per Mortitia advise)as back up in case it doesnt work out. Then let the original contract continue as it is with the boyfriend/husband moved out. As stated by Cor the partner is still a tenant which is ok as only one needs to be living there to still be valid and all the obligations (the same as a guarantor) remain in place for both tenants. But does the partner own a property or earn enough to be a guarantor/tenant The council may want a letter stating the partner has moved out which could put the guarantor/tenant status in jeopardy to it maybe a good idea to get him to sign a separate deed of guarentee. Have you checked the benefit rates in your area to make sure the rate paid for the amount of bedrooms your property has is equal or more to the rent that needs to be paid? I will tell you now getting any monthly shortfall is hard work. Link to comment Share on other sites More sharing options...
burremr Posted February 25, 2015 Author Report Share Posted February 25, 2015 Thanks all, some valid points made and some issues I had not previousley considered. With the number of red flags have given notice and will report back on progress. Link to comment Share on other sites More sharing options...
burremr Posted May 14, 2015 Author Report Share Posted May 14, 2015 Progress update. Outgoing tenants left, property clean & tidy, garden not so but nothing an afternoon didn't sort. New tenants in paying on time and nor reported issues (yet)! Thanks again. Link to comment Share on other sites More sharing options...
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