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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:
Thegracefuloctopus · 04/09/2019 19:02

What you're doing is being unconsciously bias, assuming the student is a young party student. You don't know that and also no students I know would want to throw a party in their mums mates flat! You'll more likely find they do all the cleaning to make up for staying there for a short time.
If this is seriously your attitude, don't be a landlord. It's bloody hard finding somewhere as a tennent and constantly worrying about rent increases and evictions without judgement like this

Twillow · 04/09/2019 19:04

She's renting a 2 bed flat, it seems unfair to not allow her to use 2 bedrooms?
I can see you don't want a house of ONLY students (even though they are a very varied group and not all the hellraisers you perhaps fear - too busy working to supplement their loans nowadays). But thhis is different and doesn't seem an issue to me.

Puzzledandpissedoff · 04/09/2019 19:08

What’s the issue with her friends son staying with her in a 2 bedroom flat that she pays the rent on???

I think QualCheckBot covered that pretty comprehensibly at 18.31, but OP's said repeatedly that she's worried about the tenant leaving and the student remaining in the flat. Clearly there's a reason she feels that way, and on that basis alone I wouldn't agree to this - apart from anything else, what someone she's never met has the right to do and what might actually happen are two different things

And I agree with Samphire that "lettings things go" and "just being kind" aren't necessarily an option when tenant protection's tightened. Sometimes it's wise to be careful what we wish for ...

Scratchyfluffface · 04/09/2019 19:10

For all you know, she'll breathe a sigh of relief and tell her friend sorry, unfortunately she can't help out, what a shame

Thinking like this is just to make you feel better, surely if she didn't want him there she will just tell her friend that's what happened (but not actually go through the hassle of contacting the letting agent)

bigfatmoggy · 04/09/2019 19:19

Haven't RTFT so apologies if this has already been said lots of times - but as one PP has already mentioned, it could be an issue for your mortgage. I might be out of date but when I worked in that area all over-18s had to sign a disclaimer for residential mortgages to put the mortgagee's interest ahead of any they might be able to claim. No idea if that translates to buy-to-lets but you'd be well advised to check.

Honeyroar · 04/09/2019 19:21

It's only the insurance that has the amendment on, isn't it? Not the tenancy agreement. So it's not that they've added him onto the contract or assumed you've given permission, it's still up to you...

I would say yes personally. It's unlikely that a foreign student living with his mother's friend is going to trash the place or have parties, he's her responsibility. It's totally different from letting it out to students. And I can't see why you'd need background and financial checks on him as he's not the one responsible for the flat or paying the rent - she is. She would also be responsible for any damage he caused.

Could you ask her for extra deposit if you're worried, or ask her about him and tell her your concerns?

Puzzledandpissedoff · 04/09/2019 19:23

Your letting agency wrongly assumed you wouldn't mind and went ahead and spoke to the insurance people

Actually OP said the insurers have also gone ahead and changed the "statement of facts" to reflect this - presumably on the agent's instructions. Given that OP "doesn't live locally", that's exactly why I'd be changing them for an agent who's able to listen a bit better

KisstheTeapot14 · 04/09/2019 19:25

I'm a landlord and I would say, sorry - its a no. Contract was signed between you and the tenant.

If they want to have them as a house guest - maybe there's a guideline about how long someone can reasonably stay. 6 weeks? Enough time to find a place of their own. Check with someone legal.

I was a tenant between ages of 18 and 35 and I would not have expected to be able to just move someone in randomly.

goldfinchfan · 04/09/2019 19:28

At first Ijust thought that there are rather a lot of unknowns and that makes me uncomfortable but the fact that the letting agency have changed the wording without consulting the owner is a red flag.
OP change the Letting Agency and say no and put it in writing.

You have no idea where this might end up. You need to be in control and it's heading into you not having control. If the student stays what can you do? You will have a lot of stress to remove him. This might not happen but how can you predict?

goldfinchfan · 04/09/2019 19:30

I forgot to add that given you have already stated you do not want to let to students you are having to accommodate one now.
So the situation has already been altered by the current tenant.

stucknoue · 04/09/2019 19:31

Generally everyone over 18 needs to be on the tenancy but if it's a two bed flat it's reasonable to have a second adult there as long as she sticks to the normal conditions

Pepperstripe · 04/09/2019 19:36

So she's just going to have him there on the sly and not continue paying single persons council tax?! I would definitely say no! Or she needs to amend her contract with the agency to declare him living at the property!

Coyoacan · 04/09/2019 19:37

Why do tennants, who can't afford a home of their own and have no choice but to rent one which belongs to somebody else, think they have a right to just allow others to move in as though they owned the property themselves?

Maybe because they are paying a huge amount of money to be able to treat it as their own every month.

I can sort of understand not wanting a houseful of students, but do you really have such a prejudice against people who study, OP?

Tapperrapper · 04/09/2019 19:41

At the very least he should be named on the tenancy agreement. You do not want another adult in the flat with whom you do not have a legal relationship. If anything happened to the original tenant then you do not want to be in a position where you have someone in your flat that you do not have a contract with.

MerdedeBrexit · 04/09/2019 19:41

FGS. She need never have asked and
could just had someone permanently living in the second bedroom. She rents the entire flat, you've not locked the second bedroom and called it a one bedroom flat, so she can have a guest staying, it's not sub-letting as she has not moved out and is not expecting friend's son to pay you.

jackstini · 04/09/2019 19:41

Usually there will be something in the ASTA though that needs amending - for example in my contracts it states ' No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.'

As a landlord I would probably say yes if the tenant has previously been good and rent was always paid on time. It can be difficult finding good tenants and is always a bit of a pain having to do a tenancy change. The guest would not be on the tenancy agreement and the current tenant would still be fully responsible

Do you have a decent size security deposit?
If not, you may request to raise this to cover extra wear and tear if you think it will be an issue. Also ask her how long it would be for.

However, the LA definitely should not have changed the contract without your permission and they need to be told that asap if you don't want to go ahead!

MerdedeBrexit · 04/09/2019 19:44

This reply has been deleted

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Mummyoflittledragon · 04/09/2019 19:48

you’re doing her a favour by putting a roof over her head
WTF. What an entitled statement. I’m a ll. No one is doing anyone a favour. It is a business transaction. I’m letting my properties and ensuring they are safe and good working order for a fair price.

Idk the answer to this as the law has changed so much. All I can tell you is my letting agent would not be acting as yours have. And they’d darn well be able to tell me my legal position. You need to talk to the manager there and if they cannot help, consider swapping agents.

Lucindainthesky · 04/09/2019 19:50

I bet if Mr and Mrs Bloggs had applied to live in the flat, Mrs Bloggs being in full time employment and Mr Bloggs studying to be a doctor or something, you would have relaxed your no student rule.

I doubt that a student staying with his mother's friend is going to turn it into a party pad.

Durgasarrow · 04/09/2019 20:07

I don't think it's reasonable for her to have her son move in. That was not the deal. I don't know the laws in the UK, but in the US, if he received mail at the address, he could potentially mount a legal challenge to stay there.

Durgasarrow · 04/09/2019 20:10

As far as renting a two bedroom flat goes, plenty of people would like to have a bedroom and an office. If the woman rented the space as a single person, that was the deal that was made.

dodgeballchamp · 04/09/2019 20:15

Christ the entitlement on here is sickening. Landlords are not ‘doing anyone a favour’. They’ve removed housing stock from the market en masse that otherwise would have probably been cheaper for people who just want secure homes, and are profiting off people’s inability to have that. It’s a business transaction and it’s her home. I wouldn’t have even asked if I was the tenant. Why are you increasing the rent? Don’t you think you’re ripping her off enough already without wanting to control how she uses her spare bedroom as well?

Allgold33 · 04/09/2019 20:21

OP do you own the freehold of the flat? If not you may need to check the terms of your lease. Most don’t allow subletting but some also specify that it can be used by ‘one family only’ this is open to interpretation but it could be argued that a woman and her friends son do not count as ‘one family’ and could breach the lease.

chickenyhead · 04/09/2019 20:22

Have rented 2 properties for 15 years combined. Have never considered asking for permission, and yes, I have read my tenancy agreements in full.

She has the right to reasonably enjoy and make use of the property, if standard terms apply. Unless you have specified that she cannot move another adult in to share with her, you have no right to complain.

I would be very careful in checking the terms of your agreement, a breach can occur in both directions and cause you untold hell.

A well paying complaint long term tenant should be a relief. No gaps, new people, etc.

Lisamac28 · 04/09/2019 20:22

Why do tennants, who can't afford a home of their own and have no choice but to rent one which belongs to somebody else, think they have a right to just allow others to move in as though they owned the property themselves?

Maybe because they're paying rent, some of which are more expensive than a mortgage actually. They don't get it for free you know.