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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

About current tenant's request

271 replies

Neonpotato · 04/09/2019 17:26

Name change as outing.

We have a tenant in our 2 bed flat currently, she seems nice.
Our letting agency has told us that apparently our tenant's friend's son is coming over from overseas to study, and she has asked whether it's ok for him to live in the flat. The agency has checked with insurance and it's fine, and it's not considered subletting as she will continue to pay rent and has full responsibility of the flat.

Can I say no? We specified at the very beginning that no students are allowed. I guess it's not so bad if she also lives there but I don't know how long he will be there for, and worry that he will stay on even if she leaves at some point.
It was good of her to ask and I don't want to be a difficult landlord but we don't really want students. Happy to be told that IABU though.

OP posts:
hellenbackagen · 04/09/2019 18:42

i think yabu - its not a random student - its her son! if she is a good tenant (and not all are its a gamble) id be letting her child live there.

ive rented in the past. if you made me choose between my son and my tenancy id choose my child and simply find another rental.

its not student let - his mum will be there!

MerdedeBrexit · 04/09/2019 18:42

Ask a solicitor about it all, OP, not the assorted random ranks of MN!

morrisseysquif · 04/09/2019 18:43

You have a good reliable tenant, she wants to be with her family, why not be nice and say yes, no skin of your nose is it?

Don't be an arse landlord.

Drabarni · 04/09/2019 18:43

Not sure about the tenant but you need to change your management.
Mine wouldn't have bothered me with this, but would have gone by my wishes.

CuriousaboutSamphire · 04/09/2019 18:45

@hellenbackagen No, it's the son of one of the tenant's friends.. he is an overseas student.

She will need to know about his right to remain etc. Any opportunity he had to pretend ignorance are gone now she has had letters from her insurer

If it were her son there would be little issue!

millymae · 04/09/2019 18:45

May have missed if someone else has asked the question but your flat is a 2 bed. Is she paying less for single occupancy?
She doesn’t seem unreasonable in that she’s asked if it’s OK and I really don’t see what the problem is - her son is the student, and he’s living with an adult you could consider to be nice. If she had moved her boyfriend in presumably you would have been happy with that - not all students are rowdy and hard drinking - he will be living with his mum after all so I assume she will be keeping a watchful eye on him
I don’t know the legalities of renting out property but I think I would be happy to say yes to her request on the understanding that if she decides to leave he wont be permitted to take over the tenancy from her and that no complaints are received from neighbours. I don’t think either of these provisos would be unreasonable on your part in view of your stipulation of no students, and that saying yes to her request is a gamble worth taking.
I

Patnotpending · 04/09/2019 18:45

As I understand it, and if you're using a standard shorthold tenancy agreement, it's her name on the tenancy and when she leaves the tenancy ends. The son has no right to stay once his mother leaves if he's not named on the tenancy, just as a boyfriend would have no right to stay once she left.

This woman is renting a 2-bed flat, presumably at the same rate you would let to a couple or a family with a child, so it's not as if the son will be sleeping on the floor. If she's been a good tenant till now I would discuss the situation with the letting agent. Perhaps there's a possibility of reminding her of some of the details of her tenancy or asking for a larger bond in case of damage with a student in the household. But I wouldn't have thought a student living his mother was much of a risk, frankly. The fact that she has raised it with the letting agent is a good sign in my opinion.

SunshineCake · 04/09/2019 18:45

My mistake, friends son but I think my point still stands. Though who has decided this is going to happen as per your latest post ?

Poppins2016 · 04/09/2019 18:45

@Neonpotato the letting agent shouldn't have made that change on your behalf ( a) you haven't given the GP ahead for the student and b) you haven't given the go ahead for the change to policy). They will be able to change the policy wording for you. I'd also be minded to complain to the letting agency that they made assumptions and amended your policy! Make sure that they're liable for any insurance admin fees incurred (if any).

What I actually came on here to say, though, was that I agree with this:

This isn't students renting a house though, it's a student living in her spare room. It's probably not going to become a party house

CuriousaboutSamphire · 04/09/2019 18:45

NOT HER SON!!!!

Poppins2016 · 04/09/2019 18:46

*go ahead, not GP ahead!

CuriousaboutSamphire · 04/09/2019 18:47

@Neonpotato please go over to Landlordzone forums and ask there. They will give you some good practical advice that you can rely on far more than many posts here.

But mostly, your LA is letting you down here. Don't trust them in this, I am not sure they have a full grasp of the legalities!

Idontwanttotalk · 04/09/2019 18:48

You are obviously unsure so, if I were you, I would just say no. That way you ensure any problems arising from him being there can't happen.

CottonSock · 04/09/2019 18:49

I'd just see it as her having a house guest. Her decision rather than yours

justasking111 · 04/09/2019 18:49

Well if the insurance company whacks up the bill, or amends the policy you are in the doo doo. My insurance company asks every year, who is living there and are they working?

hellenbackagen · 04/09/2019 18:49

sorry i have misunderstood. my bad.

msmith501 · 04/09/2019 18:51

Your letting agency wrongly assumed you wouldn't mind and went ahead and spoke to the insurance people. You are not happy and therefore can go back to the agency and state that you want the policy putting back to what it was and that no, she cannot have her friends son staying. Then forget about it.

CuriousaboutSamphire · 04/09/2019 18:52

I'd just see it as her having a house guest. Her decision rather than yours Staying indefinitely? That's a 2nd tenant... and LLs have legal responsibilities, many more now than they used to have.

Macandcheeseplease · 04/09/2019 18:53

As a side note, why don't you allow students?

DobbyTheHouseElk · 04/09/2019 18:55

Put it in writing to your LA that you do not allow her FRIENDS son to live in the flat.

This is someone you not know, and have no credit checks or otherwise for. Also someone who you are legally responsible for the safety of while in your flat.

thedancingbear · 04/09/2019 18:56

At the end of the day, OP, it's your property, you're doing her a favour by putting a roof over her head.

If I were you, I'd not let him stay just because you have the power to do so. After all you're a property owner, and it's your right.

mumwon · 04/09/2019 18:57

its called squatting & students can do this too

ReasonedCamper · 04/09/2019 18:57

This is exactly the kind of OP that should be in Legal, or possibly Property. Not AIBU where the thread has predictably filled up with ill informed scaremongering and speculation.

HerRoyalNotness · 04/09/2019 18:57

Just because the insurance has said ‘foreseeable future’ doesn’t mean it will happen! Calm down, it just means you don’t have a move out date.

I’d let them. If you’re so concerned about having 2 people in a 2 bed flat, get an extra deposit amount from the student.

It’s not letting to students in the normal sense where you have 2-4 students partying it up and not looking after the place.

I’d hate to have to rent, where you can’t do reasonable things in your home, and yes it is the tenants home.

Juells · 04/09/2019 19:02

I find it odd that someone rents a 2-bed flat, and the landlord wants control of who occupies the second bedroom.