single occupancy

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Re: single occupancy

Postby jonahinoz » Sun Jun 15, 2014 9:13 am

Hi,

Accomodation for two people is worth more rent than accomodation for one person. So, Urge could give his single tennant notice, and relet to a couple, and collect more rent. That is assuming that the annex is considered fit for occupancy by a couple. Are there any rules about that?

I am mostly ignorant about how Council Rates are calculated. Is there still a reduced rate for single occupancy, and if so, how would the current arrangement fit in with the council's rules.

Could the boyfriend claim that he has become a tennant with the landlord's tacit approval, and could that become awkward?

I believe the Benefits people have co-habitating criteria, which mighty give some idea of what is and is not regarded as double occupancy..

John W
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Re: single occupancy

Postby debih » Sun Jun 15, 2014 9:59 am

Hi.

I would have thought that your biggest problem could be that if he does start living there and is not on the tenancy agreement, then he falls out with the girlfriend and she moves out you could be left with someone living in your property who is not actually on any agreement and then have to go through a legal process to get him out.
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Re: single occupancy

Postby cobdale » Sun Jun 15, 2014 12:26 pm

why don't you just ask your tenant straight out if the boyfriend is living there?and depending on the answer decide then to increase the rent for double occupancy or stress to her that it is single occupancy and she is breaching the tenancy.i don't know what sort of woman she is ,but even the ugly ones need a bit of loving
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Re: single occupancy

Postby jonahinoz » Sun Jun 15, 2014 4:37 pm

Hi,

From Google ....

It has been suggested that requiring two persons to occupy a small bedroom might amount to statutory overcrowding under Part 10 of the Housing Act 1985. Section 326 of the 1985 Act requires that a room to be occupied by two persons should be at least 110 sq ft in area (10.22 sq m), but for this purpose children under ten count only as “half persons” and babies under the age of one are disregarded. The corresponding minimum sizes for 1.5 persons, 1 person, and 0.5 persons are respectively 90, 70, and 50 sq ft (8.36, 6.50, 4.65 sq m), room sizes that are fairly small by ordinary standards.

But it goes on to say that a living room could be used for sleeping, so demolishes that argument, unless both rooms are under 70 sq.ft. But it should give you some guidance about whether your annex could be rented as suitable for two people. I wonder if the couple were living together before the lady rented your annex, but decided they needed a "pied de terre" at a low rent?

John W
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Re: single occupancy

Postby Urge38 » Sun Jun 15, 2014 5:20 pm

Thanks for all your replies even if it APPEARS that I dont wish to hear them,

As I said, I am fairly new at being a landlord.

as mentioned, as the couple go away weekends, it does even things out a bit, and I agree,

My issues are concerns at this stage, but situation could quite quickly change,

Put it like this, if you had to drive 130 miles every day just to go to work, when your girlfiends lives just minuets away from your workplace, were would you rather stay of the night time???? I get that.

But alas the girlfriend has paid to live and use the annex not the boyfriend.

The annex is more like a studio flat, so how would that apply to living space recomended for one or two people????

I would very much apreciate it if some one could confirm the literal term single occupant????

And as the boyfriend is staying over night, does this breach the tenntancy agreement????

how many nights a week would he need to stay to be seen as unaceptable???

Finaly, please forgive my spelling, I am Dyslexic, I do try :oops:
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Re: single occupancy

Postby COGGY » Sun Jun 15, 2014 5:49 pm

As you used Agents to find the tenant, why not go to them and discuss the matter. They know the property and possibly helped you to draw up the tenancy agreement. The only other suggestion is to carry out an inspection, after giving notice of this to the tenant and giving her the opportunity to be present. It would be advisable to have periodic inspections and make a report of the same. This ensures that the property is being kept in a reasonable clean and tidy state.

Kind regards
Coggy
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Re: single occupancy

Postby cobdale » Sun Jun 15, 2014 5:58 pm

the literal term for single occupant is just that ,single occupant
the boyfriend stopping overnight would ent be a breach of tenancy
the amounts of nights he stays would ent mean he was living there
I,m not a lawyer but I would advise you to tread carefully on this ,as if you end the tenancy on just suspicion you might find yourself in court for harassment,and unfair treatment of your tenant.you are entitled to ask to make periodic inspections of the property,do one and take notice of what the situation is inside ,regarding his clothes etc etc.but if she is a good tenant pays the rent and no hassle ,it really has nothing to do with you if she wants to bury the baldy feller every night.
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Re: single occupancy

Postby Urge38 » Sun Jun 15, 2014 6:10 pm

Hi COGGY
I did indeed return to the letting agent and spoke to them about it,
They seemed to say only the tenant was allowed to occupy the annex.

But that the grey area, (thats me saying this, not the agent) what is occupying

yes when the boyfriend is staying in the annex, he is indeed occupying it, be it for just a night or two etc.
on them occasions, my tenant is not there alone being the only person occupying the annex.

This is TOTALLY why I am hear, I AM WISHING TO LEARN
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Re: single occupancy

Postby cobdale » Sun Jun 15, 2014 6:14 pm

as you say you are a new landlord do you think you may just be over protective of your property? I think if you see signs of him occupying when she Is absent,could be a positive sign that he is living there
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Re: single occupancy

Postby COGGY » Sun Jun 15, 2014 6:51 pm

We have only had one set of tenants so are not much wiser than you, except we have the Agents managing the property and carrying out inspections. Our tenants look after the property well and pay the rent on time. That is all we could expect. We have heard horror stories of tenants not paying and not respecting property. We consider ourselves lucky.

Kind regards
Coggy
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Re: single occupancy

Postby cobdale » Sun Jun 15, 2014 7:14 pm

COGGY wrote:We have only had one set of tenants so are not much wiser than you, except we have the Agents managing the property and carrying out inspections. Our tenants look after the property well and pay the rent on time. That is all we could expect. We have heard horror stories of tenants not paying and not respecting property. We consider ourselves lucky.

Kind regards
Coggy
I think that's the right way to look at it
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Re: single occupancy

Postby Urge38 » Sun Jun 15, 2014 7:23 pm

cobdale
Thats a very interesting point.

Quote, I think if you see signs of him occupying when she Is absent,could be a positive sign that he is living there

COGGY
I have had a lot of trouble collecting the first months rent from the Tenant, I did not wish to mention it at this stage as I did not want to sway oppinion.
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Re: single occupancy

Postby COGGY » Sun Jun 15, 2014 8:20 pm

Urge I am sorry to hear of your trouble collecting rent. Did the Agents take up references for the tenant on your behalf? Did the tenant pay a deposit and if so who is holding it? What length of tenancy has been agreed?

I think non-payment of rent and visitors staying over are two separate issues and should be treated separately.

I do not have any experience of letting a furnished property. We provided carpets, curtains, washing machine, cooker, fridge freezer, vacuum cleaner and lawn mower. I am unsure about a microwave and would need to check the list provided by the Agents. They advised us to let the property unfurnished as the rules for that are different. I do not know how, we simply took the advice given.

As you state your property has one single bed I do not see how you could claim rent for two people.

If the Agents are unable to help you all I can suggest is to ask Citizen Advice for help. I hope you can sort it out satisfactorily.

Kind regards
Coggy
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Re: single occupancy

Postby MacadamB53 » Sun Jun 15, 2014 8:53 pm

Hi Urge38,

I have had a lot of trouble collecting the first months rent

was this because they couldn't/wouldn't pay? or teething troubles as a new venture?

Kind regards, Mac
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Re: single occupancy

Postby Urge38 » Sun Jun 15, 2014 9:04 pm

I still strongly beleave, single occupancy is just that, single

It seems silly to have it written into the tenancy agreement if the tenant can chose to ignore it????

Both the letting Agent how I used to introduce the tenant and a friend who does letting both say single is single.

It is not saying I have only one tenant, its saying specifcly Single occupancy, in my mind implying one person should only be occupying the property.

The late rent is a differant story, I have evedence that surgests the tenant was lying about there reasons for 15 day late payment
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