If my tenant has negotiated a lower rent because she is a single mum of 2 she should not move in her entire extended family?

[QuintessentialShadows]

She negotiated her rent down, as she was just her and her two kids. Ideal quiet tenant, long term let.

So, a whole gang of people surprised my dh at the house when he went to London to have a final look prior to tenant moving in.

My other neighbour down the road got talking to them ( same ethnicity) and they said they were ALL moving in. Mum and her two children, her husband, her brother, her mum and her dad.... Only mum is named on the contract and the contract stays that nobody else can live there aside from named tenant.

Where do I stand? Can I demand higher rent bearing in mind wear and tear of appliances etc? With three working grown ups living there, surely they can afford it?

Well done QS put the ball firmly BACK in the agents court, they are quite right to say the tenants shouldn't contact you direct(apart from all the rest!!)

Fingers crossed for a positive outcome

Even if you have both signed the tenancy agreemnt - it is nt considered a contract until she has moved in.

I think once she is in you may find it hard to get rid of her.

This website is very good: www.landlordzone.co.uk

I, as a tenant have found it helpful.

The tales of woe from landlords like you are very common. At least you found out before the moved in.

Fingers crossed you get this whole mess sorted out asap QS.

Thanks. I am feeling possibly nauseous.

The agent phoned. She is useless. She said she had spoken to the tenant and reminded her that no other people than herself and the children are allowed to move in, and if she wants more people named on the contract she has to let them know and pay £80 fee to change to contract.

I told her look, what good is that going to do when we already KNOW she is intending to move in 4 more adults and as such has intended to deceive us from the very beginning. You telling her this is not exactly going to stop her. I wrote her a long stern email, incorporating many of the issues all you good people have pointed out.

I suggested they refund her the deposit and the rent, unless she can lay all cards on the table regards to who is moving in. All adults shouls be named on the contract and the rent negotiated.

I also told her I am in no hurry and can wait for a more suitable tenant, one who is not troublesome and dishonest, as my mortgage is so small we can afford to wait.

I could do without this battle. It is not good for my children when I am in this frame of mind.

Hmm well if this were my property NO WAY would I let her move in. I had a friend who let a room to a young man and ended up with his MUM there all the time too...he eventually asked them to leave.

If they are trying to pull the wool over your eyes at this point...I REALLY would look for another tenant even if it is going to be a bit of an inconvenience. If they are bending the rules at this stage what else will they be doing from your property once they have moved in?

Strength to you QS stay calm. Have you told the agent there are lawyers involved? This may focus her mind.

Well done so far.

I think Foxtons need to know the lawyers may be on to them for the money too. They need to expedite this, and not faff around hoping the problem will go away.

I think I'd tell the agent to sort it & get rid ,QS no way is this lady going to tell the truth or own up & pay for extra co-tenants so the agent faffing around with that sort of offer is as much use as a chocolate teapot.

Apparently I am bound by the contract because she has not done anything wrong YET.

They phoned her and told her only she could live there, and she said "ok, fine I didnt know that, it will only be me and the kids.

Also, there is a point in the contact that she and her immediate family can enjoy the property. I took that to be her kids and husband. That can be brother and parents too, so I need to find out what legally constitutes immediate family.

All they can do is add another clause that the only adult who can live there is the one named on the contract. She is not on housing benefit or something. And go down the road of eviction if it turns out there are more people living there.

Sadly, I suspected this might be the outcome.

yes, pretty shit. SHe has not done anything wrong YET. The agency says I have to pay hotel for her if I dont release the keys.
I still have not heard back from the solicitor.

Immediate family means just about http://www.answers.com/topic/immediate-family-1?cat=biz-fin EVERYBODY

However, they dont know about my mad neighbour yet.

I don't think that's true about the hotel. Hold on.

ups, got that link properly screwed up.

definition of immediate family

If she has not moved in yet there is no contract!!

Sorry to repeat myself. Try landlordzone.co.uk. The forum is invaluable. You can explain your dilemma and get a opinion that is not biased. Your agent sounds like a right twonk.

Good luck!

Did this info come from your letting agent or your solicitor, because obviously their agendas are different!! The letting agent is not going to let you get out of this without a fight that doesnt mean it isnt possible

If you really cant stop them moving in then I would get it put in writing that you specifiy no one else is to live there and if they do you have the right to evict/raise the the rent in proportion to the amount of extra tenants. I would also mention to the tenant that it is a "close" community so your neighbours will be keeping an eye on what is going on for you LOL

Couldnt you have some kind of property disaster so that you cant let the house at present LOL Asbestos/leak/electrical problem (do you have a friendly tradesman to back you up)

aubergine, the agent said that if I dont release the keys I need to supply reasonable accommodation until she finds somewhere else, or I let her move into the property.

I have not spoken to the solicitor yet, I am waiting for them to call back.

I said to the agent that I am taking independent advice as our interests may differ.

I will check out that website. Thanks

Quint.. yes I get you, I've been hunting for differing opinions as like you I think the agent wants this to go through as much as the tenant.

May I suggest that if you go through with this, if you are forced to, you change the locks to Banham locks. And supply her with one set of keys (for the one adult on the tenancy agreement).

Banham keys cannot be copied without the authority of the houseowner/landlord and it would make it impossible for any other adult to have a key to the house.

Still no luck on the alternative accomodation view and I guess amateur opinion no contest when you have legals on your case now. Sorry not to be able to help with that one. What's the break clause?

thanks aubergine, I cant find anythign regards to that either.

Good advice about the Banham locks.
I will think about that.

Quint, the mucking around with the furniture enables you to ask for the details of the agreement to be amended. You could put in there -- no guest to stay longer than x, the spare key to be held by the agent only etc etc. And she has to pay for the amended agreement. Foxtons have to earn their money somehow.

Yes QS don't give over the keys till you are satsified you have exhausted the legal route, NOT whatever the agent says.

I second bumdiddley I think till they actually move in there IS no contract so you should be able to just withdraw your house form Foxtons books & then find another agent.

Immediate family can "enjoy" the property? What the hell does that mean, apart from a stonking great big loophole?

HI, QUINTESSENTIALSHADOWS, FIRSTLY I WOULD RECOMMEND YOU GO OVER THE TENANCY AGREEMENT WITH HER SO SHE UNDERSTANDS NO ONE ELSE BAR THE NAMED TENNANTS SHOULD BE LIVING IN THE HOUSE OR IT COULD LEAD TO EVICTION IF YOU ARE NOT NOTIFIED OF NEW PERSONS MOVING IN!! IF THEY ARE CLAIMIN BENEFITS AS A SINGLE PERSON TO BE COUGHT OUT AS WORKING PEOPLE LIVING WITH THEM NOT ONLY WILL THEY BE IN TROUBLE BUT IT COULD LEAD TO U BEIN PULLED IN TOO!! YOU SHOULD NEVER LOWER UR RENT PRICE IF THEY ARE NOT WILLIN TO PAY FULL THEN U DO NOT NEED THEM IN UR HOUSE!!