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15th January 2019
Q: Does my tenant’s au pair need to be on the tenancy agreement?
A: This is a little tricky to answer as the answer would be different depending on whom you speak to. It might seem as if the obvious answer is yes, as they are over the age of 18, in a position of employment and are not a child of the tenant. This will give you the protection as a landlord from any problems that might arise from having an au pair or live in nanny at the property (or any other live in staff).
This may seem like an obvious and easy answer. However, if added to the tenancy agreement, the down side would be that the au pair can demand tenants’ rights, meaning if they are a terrible member of staff and they are fired they have every right to stay put and make your tenants’ life hell by refusing to leave and in turn making your life hell, as you would need to evict all of them rather than just the one person.
A better solution in my opinion is not to add them to the agreement, but have a separate addendum that both the tenant and the au pair sign confirming that they are an employed member of staff of the tenant and have no tenant’s rights to the property. This way if the au pair is dismissed and is asked to leave then it is your tenant’s problem to remove them.
If you need any other lettings guidance, please do get in touch.