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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:
MerdedeBrexit · 04/09/2019 20:23

How do I leave MN permanently? All I said here was that you lot are nasty, which, as a UK landlord of students, I still think you are, which is my right. I didn't swear, I wasn't rude, I just said I think you're nasty. My post was deleted as not following guidelines. So, how do I remove myself permanently from MN , please?

Funguy · 04/09/2019 20:25

Corks... I am pretty sure that IS subletting. I would say No.

badgermushrooms · 04/09/2019 20:27

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?

Yes, why do these scummy poor people think they have a right to live a normal life in the home they pay disproportionately vast sums of money to live in? Don't they know they should be grateful to be allowed to pay into some buy-to-let mini emperor's retirement fund?

QualCheckBot · 04/09/2019 20:29

But also note OP that, as another poster pointed out earlier, if this tenant is from a non-EU country or comes here after Brexit (whenever it is), you are under a legal duty as landlord to check that he is entitled to stay here. If he's non-EU then its almost certain that he is not allowed to stay here "for the foreseeable future".

You will incur costs to do carry out these checks. You could be committing an offence if you do not.

Your agent changing your insurance without your approval is ludicrous (but again its a great question for students in an exam)!

JollyHolly30 · 04/09/2019 20:29

@MerdedeBrexit How do you survive with such thin skin? 😂

Lisamac28 · 04/09/2019 20:33

How do I leave MN permanently? All I said here was that you lot are nasty

🤣😅😆 Excellent.

MerdedeBrexit · 04/09/2019 20:34

Can't take the stupidity any more, JollyHolly30! Waste of my time. I'm out!

JollyHolly30 · 04/09/2019 20:37

Devastated to see you go @MerdedeBrexit

Mummyoflittledragon · 04/09/2019 20:40

@MerdedeBrexit
Are you having a bad day? You’ve been commenting under this username for quite some time. I don’t understand the issue tbh.

Mummyoflittledragon · 04/09/2019 20:41

@JollyHolly30
Was that really necessary? People are allowed to have a shit day sometimes.

Hahaha88 · 04/09/2019 20:42

@thedancingbear are you for real? @Neonpotato is doing her Tennant a favour by putting a roof over her head? Right because the landlord isn't making a profit off the Tennant at all? It's just a charitable situation? You flamming nut!!!

MerdedeBrexit · 04/09/2019 20:43

Umm - if only I could find the exit and unlock it!
And this thread is really nasty. As a landlord who's been badly done over by tenants to the tune of many thousands, I would still not assume the worst of the OP's tenant as many people on this thread have done.

DoomsdayCult · 04/09/2019 20:44

So long as he is not added to the tenancy agreement as a tenant, but as just an occupant, he will have ZERO rights to stay there if she moves on.
I know this because my friend, when her husband died a few months ago, was LEGALLY kicked out of her home by the landlord because she was not listed as a tenant but an occupant. The landlord was afraid she couldn’t pay rent by herself, so he evicted her 2wks after the funeral. She has a 3yr old and baby.

Lisamac28 · 04/09/2019 20:46

MerdedeBrexit

Ach don't go. I've had posts deleted before and I still don't know why, it's annoying but don't let it upset you.

DoomsdayCult · 04/09/2019 20:48

@QualCheckBot
“If he's non-EU then its almost certain that he is not allowed to stay here "for the foreseeable future".

The property agent does these right to rent checks on behalf of the landlord, so the OP does not need to worry about it. If the friends son is coming as a student, he will have a student visa which will allow him to stay for the duration of his course (3yrs for bachelors degree for example). They take a copy of the visa and the passport. The OP does not need to worry about this because if there is a mistake, her agent gets fined not her personally.

Jubba · 04/09/2019 20:51

Legally. It isn’t subletting. Seeing as she’s retained full responsibility. She’s also requested it. To which you can say no. The agency have already checked. It won’t invalidate your insurance. Or mortgage

I would view it. Is she a good tennant? If so. Then yes. I would allow it.

If no. Then I would put something in the contract. Saying if she moves out etc. She’s responsible for any damage etc. Which I imagine the contract says.

For me. It would depend how good she was?

It’s hard to find good tenants. My tennants are wonderful. I would bend over backwards for them. They pay their rent every single month. Lived there for 6 years. Think they’ve only requested some paint. House is kept in amazing condition.

To be fair. Their age etc. Wouldn’t bother me. Like someone said. It could be anyone. I also think the fact that your tennant has requested it. Rather than just done it. Goes a long way.

QualCheckBot · 04/09/2019 20:52

DoomsdayCult The property agent does these right to rent checks on behalf of the landlord, so the OP does not need to worry about it. If the friends son is coming as a student, he will have a student visa which will allow him to stay for the duration of his course (3yrs for bachelors degree for example). They take a copy of the visa and the passport. The OP does not need to worry about this because if there is a mistake, her agent gets fined not her personally.

She very much does "need to worry about it" because (a) her agent seems unreliable and prone to making decisions without carrying out checks first and (b) the agent will almost certainly charge her for carrying out such checks.

wurlycurly · 04/09/2019 20:53

This thread is a very depressing read for those of us who rent. There seems to be little understanding from some that people are living their lives in rented accommodation. That they are not just there for a couple of years before they buy. We are raising families in rented accommodation. It’s usually not through choice that we stay renting. It’s not subletting if no money changes hands.

mumwon · 04/09/2019 20:55

please find a landlord site/organisation as I said earlier RLA have advice & forums well worth the membership. As for those people suggesting extra deposit - I think (know!)that you cant do that its against the law - honestly op, while this is a good discussion group most people don't know the actual complex law around this
www.rla.org.uk/join/join.shtml?ref=menu
I am not suggesting this particular organisation -you could use them (I have they helped me with paperwork & legal advice & it worked) but there are other organisations that offer similar help - please check. best to get things right, legal & not have the worry of making a mistake

DoomsdayCult · 04/09/2019 20:59

@QualCheckBot
“She very much does "need to worry about it" because (a) her agent seems unreliable and prone to making decisions without carrying out checks first and (b) the agent will almost certainly charge her for carrying out such checks.”

Nope. A property manager is not going to incur the costs of a right to rent check if the landlord is not even going to consider an additional occupant. Why would they incur a fee BEFORE getting a thumbs up from the landlord? That’s bad business. And actually, the agent does seem reliable because they’ve already done the FREE check with the insurance company.

MerdedeBrexit · 04/09/2019 21:00

Yeah, thanks for the kind and probably ironic comments. It's not been the same here since the wonderful WhatWouldLeslieKnopfeDo died, so so long and thanks for all the fish.
(Come on, MNHQ, please someone show me the exit with my dignity intact! 😜)

DoomsdayCult · 04/09/2019 21:01

@mumwon,
You are making a great point about the deposit. In fact, the new legislation that just came into effect dropped the maximum deposit allowable from 6wks rent to 5wks rent AND every current tenant that paid the 6wk deposit can actually legally request a refund of that 1wk of rent NOW.

Cryalot2 · 04/09/2019 21:02

Speaking from the point of letting a house and has had trouble with tenants . (Mostly been great)
If you are not totally happy do not let them move in Hoofer has valid points.
Depends on where you live eviction should be straightforward.

Check the small print. If your tenent is away and something happens what way does insurance cover.
The agreement was with her and having someone in long term is not right.

Joh66 · 04/09/2019 21:07

so he evicted her 2wks after the funeral it is impossible to evict somebody in that time frame due to the backlog in the courts. More like 3+ months and sometimes up to six. Some people come out with such corkers Hmm

MerdedeBrexit · 04/09/2019 21:09

wurlycurly - before I go - yes. I promise you, there are some landlords who want to charge a fair rent to their tenants and make sure they have good living conditions and accept responsibility for that. I also do repairs as soon as I am made aware of them and don't quibble with my tenant. My property, my responsibility,