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What does a landlord need to do if a tenant goes away for two months?

3 replies

Gently · 07/04/2011 22:27

My mother rents out her own property which has a small mortgage, and lives in a rented property. Her tenant is going on an extended holiday for two months soon.

Can the tenant install anyone she likes as a guest/housesitter, as long as she continues to pay the rent?

Can the tenant sub-let whilst she is away?

If the property is empty, what does my mother need to do, if anything? She has requested a set of keys, so that she can gain access if necessary, and she has said that she will maintain the garden for the tenant. Does she need to let her insurance company know? My own insurance doesn't cover me for the property being empty for over two weeks.

Thanks for any help. She gets on well with the tenant, but wants to foresee any issues now that need raising, before the girl is in the back of beyond!

OP posts:
nocake · 08/04/2011 14:58

I assume the tenant is continuing to pay rent for the two months? The tenant can't sub-let unless the tenancy agreement allows it (which is very unlikely). Even if they get someone to house sit the tenancy agreement probably restricts who that can be. You don't want someone you haven't vetted gaining a right to live in the house.

If the tenant isn't having someone house sitting and the insurance company requires the house to be continuously occupied (i.e. doesn't allow it to be empty for that long) then she needs to arrange for someone to stay in the house for enough days to keep the insurance valid. The tenancy agreement may have a clause that requires the tenant to agree to any reasonable conditions relating to security of the house if they are away for an extended period so that could be allowing someone to stay there for a few days. But if she's on good terms with the tenant then she can discuss and arrange this.

And.... your mother should have a set of keys for the property anyway.

Gently · 08/04/2011 19:58

Thanks Nocake. I will have a read of her tenancy agreement, and see what it says. So if she wanted an 'undesirable' friend to stay there for the duration, mum could veto that, could she? What is the response to give when the tenant asks why it's any different to just having the same friend move in with her, or visit her? Or should all people resident be named on a tenancy agreement? Thanks for your help!

OP posts:
nocake · 11/04/2011 14:32

The tenancy agreement almost certainly doesn't allow for someone else to move in with the tenant. It will allow for visitors but your mum's tenant is responsible for their behaviour while they are in the property, which she can't do if she's not there.

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