Tenancy Agreement - Only allow one person living in it?

Question

Hi I have recently rented a property and did not get the 'full' tennancy agreement until I picked up the keys.

In the agreement it states that under no circumstances can anyone apart from myself live there without the express permission of the landlord.

Now I have just moved in here but I want my other half to move in within the next few months, If I make sudden changes and the landlord is quite funny I don't want to risk my tenancy, however from a legal standpoint can they do this?

Thanks

Hi, just an update.

What happen is I went into the estate agents (who only act as 'introducers' - I filled in the form which asked if you had any pets and usual stuff references etc and then after the first months payment the money is paid directly to the landlord.

I didn't get any terms and conditions to I moved into the property so at the time of signing I didnt know the full conditions.

If they did try to evict you for this would it stand up in court soley because of that, and what if you wanted someone to stay over for a few days, are you not allowed to do that either?

Answer 1

If the tennancy states that only one person can reside in the property then you might be out of luck.

Approach the landlord and just ask him if he is prepared to change the agreement in your favour, your rent may well rise though.

Answer 2

Whatever you signed at the time you signed the tenancy agreement controls the terms and conditions. If that document states that there may be no other residents without permission, that's it. However if the LL provided you with "additional" T&C after you signed, such a clause would constitute a modification of the original tenancy agreement and would be unenforceable.

Landlords cannot impose additional conditions once the tenancy agreement is signed. If you signed the agreement with that condition in place without reading it, shame on you!

All of this said, when your partner moves in, send the landlord a note advising the landlord of his or her name and leave it at that. Let the LL attempt to prove that your partner is an unfit occupant. Unless they are a paedophile or a convicted felon it will not be possible for the landlord to claim that they are an unfit occupant.

Answer 3

Yes legally the Landlord can do this. When you wish to move your partner in, you must request this from the landlord, he will propbably say yes, but want to do checks on your partner and possibly draw up a new agreement. This is common practice as the agreement is to protect both tenant and landlord, to avoid sub-letting and the rent would possibly have been based on 1 person living in the property. Also you say you want your partner to move in in the next few months, your agreement is probably for 6 months, then if you wish to continue renting the property, it will then go to a 2 month rolling contract, meaning that either party has to give 2 months notice to end the contract.

Answer 4

this is pretty standard in alot of rental agreements. It keeps people from moving in and then having everyone and their brother's moving in with them, causing legal housing issues, possible damages and poor living conditions. It is perfectly legal.

Now, as far as your S.O. living there. The clause does state that it is allowed with express permission of the landlord. He's not going to kick you out. All he is doing is protecting his property, and what will happen is your S.O. will be added to your tenancy agreement. This allows your landlord legal recourse against both of you in case of damage or non payment of rent.

Be thankful that you have a landlord that is like this...otherwise, you could having to deal with 2 families with 10 kids living in a two bedroom apartment next door to you..thereby compromising your quality of life at home.

FOR YOUR UPDATE:

someone staying a few days in your home is considered a guest...it's when they move their belongings in, or stay more than a certain allotted amount of time (check with your landlord on this rule). Unless you are prohibited from having guest, this is well within your rights.

As for eviction: if you do not comply with the terms of the lease that you signed, then, yes, you can be evicted. But if you do as stated (get landlord permission for an additional tenant) then this will not happen. The only way a landlord can evict you when you have a lease is if YOU do not fulfill the obligations and rules set forth in the lease....they cannot change the rules in the middle of the lease. If they want to do that, then a new lease has to be drawn up, and you would not be liable to stay there at that point.

Answer 5

Hi there,

Just for future reference, don't move in until you've read everything and signed everything :-) This was probably unavoidable in your situation and you probably needed to move fast, which is why you moved without seeing the tenancy agreement, so I'm not trying to be unhelpful, just a tip that's all.

There is no way around this other than to speak to your landlord. He may give you permission - most landlords wouldn't have a problem as long as he has references and a proof of income, etc.

If you move your partner in without consent, yes, your landlord can definitely evict you because you've broken your tenancy agreement. Your landlord could even be guilty of things like council tax fraud, because if you move someone in without anyone knowing, you'd presumably be paying council tax as a single person rather than a couple (which is more expensive). You can see why your landlord would want to protect himself against things like that.

I would speak to your landlord and keep in mind that he may wish to up the rental price a bit for your other half to live there. If your landlord says that your partner can't live with you, then unfortunately you'll either have to put off living together for a while or find somewhere else to live. Luckily, your agreement says that you can't move someone else in 'without consent of landlord' - not that you can't move someone else in, period.

But don't chance it. Landlords have keys to your house - they could pop round at any time.

Good luck - hopefully you won't have an issue!

xx Emmie

Answer 6

You should definitely tell your landlord. If you don't and the landlord finds out which is most probably will do, he will not be impressed and is likely to evict you.

If you tell him in advance then most reasonable landlords will not have a problem with this.

More importantly, there are strict rules on how many people can share a house/flat, amenities etc and of course, insurance. By not telling him your partner is going to live there, you may in fact cause the landlord to be breaking the law. Honesty is always the best policy. If the landlord will not of cannot due to health and safety let your partner live in the property they you will need to move.

Answer 7

I play landlord. What can happen is you rent to a decent person but there boyfriend/others are a problem.
I know a woman who rented a house to a young couple,she found out from the neighbors that there were like 6 people living there!
It gives the landlord leverage should you decide to move someone in who isn't a good tenant. The landlord owns the place and it would be unwise any other way.

Answer 8

NO. You signed the Agreement. You should have read it thoroughly and also the small print. there is no way you can get away with this. You will have to ask your landlord and if he agrees thats fine but I epect he will ask for a higher rent as it was meant for one person only. If you want someone to spend the night you would have to ask him special permission too. I doubt if any court will be on your side...the law is the law and an agreement is an agreement.

Answer 9

Your other half won't be allowed to move in till your tenancy is up for a renewal or expiring. You should of mentioned this to the agent at the time of taking the property. Your other half will need to be referenced and be placed on the Assured Shorthold tenancy agreement as she is over the age of 18 and will be living with you. If you mention to your landlord that your other half be staying with you he might put your rent up as well. Intro only service only mean the agent only finds the tenant, everything else your landlord should do including maintence and rent collecting. Wait till your up for a renewal with him!!!

Answer 10

Can you not speak with the landlord about this situation to avoid any misunderstandings. Perhaps the tenancy agreement can be issued in both names - that way your landlord would feel safeguarded against any non-payment of rent, damages etc. If you both want to live there you must both be held responsible for the tenancy.