read more articles

Agony Agent is here to help!

19th November 2019

Q:  I have just found out that my tenant’s sister is staying with her.  Does she need to be on the tenancy agreement as well?

A:  This is a good question, and actually tends to be a common query that is raised when landlords happen to find out that their tenants have a guest, visiting family or a new partner.  Simply answered, no, she does not need to be added to the tenancy agreement on the proviso that she is not staying longer than two weeks in any six month period (a term that should be reflected in your tenant’s agreement).

There are three ways that a tenant is perceived in a landlord’s mind.  One, the tenant is the person named in the tenancy agreement; two, the tenant is the person paying the rent; or three, the tenant is the person that lives in the property.  Whilst technically all are true this does not mean that you should just add the guest to the agreement.  It all depends on the circumstances.  For example, it could be that they have a parent visiting them from the other side of the world, so no point adding them.  However, a friend that is looking for a new flat and will be staying until they find one might be worth adding.

Written into the tenancy agreement, the tenant has a right of quiet enjoyment; guests are certainly part of that enjoyment and are allowed, but remember only for a limited time.

We suggest that you watch out for a few warning signs that may indicate your tenants’ guest is looking to stay longer: guests who pay rent, receive post at the property, spend every night at the property, moved in furniture and the best one is the guest is making maintenance requests.

Be mindful that there is a thin line between what a guest and a tenant are, and if you have already accepted rent from a guest, you might have initiated a landlord and tenant relationship.  If so, your new tenant could claim to have the same rights as any other tenant, and will not be easy to remove as an unwanted guest.

Such situations of guests becoming tenants can generally be avoided if you have an honest and open conversation with the current tenant, and simply say that the guest is not to stay longer than two weeks, and if they are to stay longer then you want them added to the tenancy agreement.  So, the guest would then have to agree to the terms, and you will have a legal record of who is living there, along with a legal agreement.

If you are still finding yourself at a loss, then please contact us for assistance.

Register with us now to receive emails about our property opportunities, articles and event information!








Sow & Reap will process the data you submit for the purposes of emailing you property opportunities, articles, and event information. Only supply your phone number if you are happy to be telephoned by us regarding the same, otherwise please enter 0. In the comments box, please write “Consent to SMS” if you would like to be occasionally notified of property opportunities and our events via SMS.
Please only click ‘Send’ if you consent to Sow & Reap processing your data for this purpose.

Get to know us

If you want to know more about how investing in Central London property can get you great results, then don't hesitate to give us a call.

LONDON
Sow & Reap

27 Gloucester Place,
London, W1U 8HU

T: 0207 993 0103
info@sowandreap.co.uk


INDIA
Sow & Reap

1008, Gala Empire,
Opp. Doordarshan Tower,
Drive-in Road, Thaltej,
Ahmedabad - 380052
Gujarat, India

New Users

Select List(s)*