axil23 Posted February 5, 2012 Report Share Posted February 5, 2012 I have a 3 bed house and have rented the house to 1 person who has moved in with 2 of his friends. This one person is my only point of contact and is the person who pays the rent to me. The city Council for some reason want details of all other people living at the property. The T is unwilling to share this information as he says that only he would like to be on the AST (most likely the others are not students??) The council probably wants to class this house as a HMO. My question is that if you rent to one person and then 2 other people move in do we as LL's have to get them on the AST too? What I was explained is that a HMO is when you let all rooms individually and on different contracts. Link to comment Share on other sites More sharing options...
Grampa Posted February 6, 2012 Report Share Posted February 6, 2012 Dont think it applies if they are lodgers and you dont ever take rent payments from them. Link to comment Share on other sites More sharing options...
axil23 Posted February 6, 2012 Author Report Share Posted February 6, 2012 Dont think it applies if they are lodgers and you dont ever take rent payments from them. That's what I had thought too. I wonder why the city council is being so aggressive. But is that what people living there are classed as? Lodgers? Link to comment Share on other sites More sharing options...
Grampa Posted February 6, 2012 Report Share Posted February 6, 2012 Also are you happy that he is sub letting? If not write him a letter making it clear that only the people on the ast have permission to live there. You can then inform the council if asked that that there is only one person living there and let them have a copy of the contract. It is never a good idea to allow people not listed on the ast to live in the property. What if the offical tenant moved out and left the sub-tenants in residence.? Link to comment Share on other sites More sharing options...
Guest caravanj Posted February 7, 2012 Report Share Posted February 7, 2012 This is an interesting point because when I posted that my ex-T had moved his son in without my permission I had a reply saying that I couldn't stop him since he's entitled to 'quiet enjoyment' of the property. Link to comment Share on other sites More sharing options...
axil23 Posted February 7, 2012 Author Report Share Posted February 7, 2012 Also are you happy that he is sub letting? If not write him a letter making it clear that only the people on the ast have permission to live there. You can then inform the council if asked that that there is only one person living there and let them have a copy of the contract. It is never a good idea to allow people not listed on the ast to live in the property. What if the offical tenant moved out and left the sub-tenants in residence.? Well to be honest with you it does bother me as I find it happens with a lot of my properties now. All people sub let to make up the rent and they would rather not let me know. Also what most T's do now is move in with one student who is the front man for all aspects of the AST (to avoid council tax) I try my best and get as much information as possible but these type of T's who are avoiding council tax will always say they are on their own or with their partner. Also I find that it does happen that a person will move out and leave the other T to pay the rent. I can't really track this as the rent still gets paid and I can't remember faces at all. So not really sure how to track this. Its only when the rent does not get paid do I knock on the door and proceed with the Section 8 route. Link to comment Share on other sites More sharing options...
Richlist Posted February 7, 2012 Report Share Posted February 7, 2012 Its true that you cannot stop a tenant from allowing friends or family to move in and live with them but this should only be a temporary arrangement not anything permanent. In my opinion this doesn't apply to children under 18 but it does if its older children, ex spouses, new partners or family members. Sometimes it is difficult to discover or manage or proove. All a landlord can do is: * Make sure that this question is raised at the interview stage ie....how many people will be moving in ? are there any children/ partners/ friends/ family etc ? * What arre the employment status of the tenants. * Make sure the tenant understands the basis of the lettng arranngement eg its for 2 people .....Mr & Mrs X. * Carry out regular 3 monthly inspections. * Make friends with the neighbours and get them to let you know if anything untoward is happening. If you are not happy ASK the tenants and terminate the agreement if the matter cannot be resolved to your satisfaction. Link to comment Share on other sites More sharing options...
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