Tenancy Agreement and Under 18s
Discussion
Hi guys, quick question about tenancy agreements. My fiancee and I (both over 18) are looking at renting a house with 2 of our friends who are 17. Obviously they can't be on the tenancy agreement as they can't be held to a contract, but based on a conversation I had with a letting agent it seems that they wouldn't be able to move in at all.
She said that they can't let them live there if they aren't on the tenancy agreement (despite my fiancee and I being happy with being 100% legally responsible for the rent and damages etc). She mentioned that it was to do with the way they do the referencing for new tenants, so I was wondering if:
A) other letting agencies might be different
B) a private landlord would be more lenient (this would be the best option anyway but it's not easy finding one)
Excuse my lack of experience with this, hoping there are some knowledgeable people on here!
She said that they can't let them live there if they aren't on the tenancy agreement (despite my fiancee and I being happy with being 100% legally responsible for the rent and damages etc). She mentioned that it was to do with the way they do the referencing for new tenants, so I was wondering if:
A) other letting agencies might be different
B) a private landlord would be more lenient (this would be the best option anyway but it's not easy finding one)
Excuse my lack of experience with this, hoping there are some knowledgeable people on here!
Jbeale96 said:
A) other letting agencies might be different
B) a private landlord would be more lenient (this would be the best option anyway but it's not easy finding one)
In my experience of renting properties and wanting others to move in with me...B) a private landlord would be more lenient (this would be the best option anyway but it's not easy finding one)
No, and no.
Even though I was, as you are, willing to be 100% responsible for everything both letting agents and private landlords needed the other person's details on the tenancy agreement.
Thermobaric said:
Under 18 they would go down as permitted occupiers as though they were dependents wouldn't they?
I thought there must be something like that to cover the tenant's children for example. Perhaps they were confused that the rent would be split between the 2 couples, informally it will but officially it'll just be coming out of my account. I'll see what some other agents say AndrewEH1 said:
Adopt them so they are your children, problem solved 
Can't wait until they are 18? Although I feel like moving into a place with your fiancé and then two other people is a little too much!
That would take some explaining Can't wait until they are 18? Although I feel like moving into a place with your fiancé and then two other people is a little too much!
To be honest I have no idea when their birthdays are, despite being good friends....things aren't good at home with their parents which is what prompted this idea. My fiancee and I were looking for somewhere anyway so to be able to live with good friends and pay half as much rent is good in my book.
spitfire-ian said:
In my experience of renting properties and wanting others to move in with me...
No, and no.
Even though I was, as you are, willing to be 100% responsible for everything both letting agents and private landlords needed the other person's details on the tenancy agreement.
That's a bugger. Maybe we'll have to wait then if the permitted occupier thing below is a non starter. No, and no.
Even though I was, as you are, willing to be 100% responsible for everything both letting agents and private landlords needed the other person's details on the tenancy agreement.
Another objection you'll get is that with your chums living there it will be an HMO. It won't be licensable, unless in an area which has mandatory licensing, but it is still an HMO.
If you're competing with other potential tenants for properties in short supply, you'll struggle to convince the agent/LL that it won;t be a party house that'll get smashed up and have dozens of yougsters puking and humping in the garden.
If you're competing with other potential tenants for properties in short supply, you'll struggle to convince the agent/LL that it won;t be a party house that'll get smashed up and have dozens of yougsters puking and humping in the garden.
blindspot said:
Another objection you'll get is that with your chums living there it will be an HMO. It won't be licensable, unless in an area which has mandatory licensing, but it is still an HMO.
If you're competing with other potential tenants for properties in short supply, you'll struggle to convince the agent/LL that it won;t be a party house that'll get smashed up and have dozens of yougsters puking and humping in the garden.
Are the two friends a couple? Because that would mean that's only two 'family units' so not HMO. Or at least that how Edinburgh Council views it!If you're competing with other potential tenants for properties in short supply, you'll struggle to convince the agent/LL that it won;t be a party house that'll get smashed up and have dozens of yougsters puking and humping in the garden.
AndrewEH1 said:
Are the two friends a couple? Because that would mean that's only two 'family units' so not HMO. Or at least that how Edinburgh Council views it!
All these new terms I'm learning! According to gov.uk it's a HMO when more than 3 tenants live there forming more than 1 household and you share bathroom, kitchen etc. They are a couple so it's 2 households so I guess it's a HMO. Does that apply when they're permitted occupiers rather than tenants?I'm assuming the fact that we all have respectable jobs which require a high degree of maturity won't come into it? Can't say I blame them if it doesn't, a 21 year old, a 20 year old and 2 17 year olds living together doesn't sound great on paper does it...
From gov.uk
5. Houses in Multiple Occupation (HMO)
If you let your property to several tenants who aren’t members of the same family, it may be a ‘House in Multiple Occupation’ (HMO).
Your property is an HMO if both of the following apply:
at least 3 tenants live there, forming more than one household
toilet, bathroom or kitchen facilities are shared
A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.
So as soon as you get to 3 people who are not related it is an HMO. No idea how they do things north of the wall.
From the LL/LA perspective - assuming you're looking at properties in an area with good demand, who are they going to pick? Mr & Mrs Jones and their kid(s) or a group of 4 young pals? Even if you're in financial or professional services, the assumption will be that you're quite a lot more lively than boring Dave and Susan the 40 something accountant and teacher.
5. Houses in Multiple Occupation (HMO)
If you let your property to several tenants who aren’t members of the same family, it may be a ‘House in Multiple Occupation’ (HMO).
Your property is an HMO if both of the following apply:
at least 3 tenants live there, forming more than one household
toilet, bathroom or kitchen facilities are shared
A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.
So as soon as you get to 3 people who are not related it is an HMO. No idea how they do things north of the wall.
From the LL/LA perspective - assuming you're looking at properties in an area with good demand, who are they going to pick? Mr & Mrs Jones and their kid(s) or a group of 4 young pals? Even if you're in financial or professional services, the assumption will be that you're quite a lot more lively than boring Dave and Susan the 40 something accountant and teacher.
blindspot said:
From gov.uk
5. Houses in Multiple Occupation (HMO)
If you let your property to several tenants who aren’t members of the same family, it may be a ‘House in Multiple Occupation’ (HMO).
Your property is an HMO if both of the following apply:
at least 3 tenants live there, forming more than one household
toilet, bathroom or kitchen facilities are shared
A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.
So as soon as you get to 3 people who are not related it is an HMO. No idea how they do things north of the wall.
From the LL/LA perspective - assuming you're looking at properties in an area with good demand, who are they going to pick? Mr & Mrs Jones and their kid(s) or a group of 4 young pals? Even if you're in financial or professional services, the assumption will be that you're quite a lot more lively than boring Dave and Susan the 40 something accountant and teacher.
Thought as much. Looking at anywhere in Taunton so demand fairly high. The one who can't drive yet works in the middle of Taunton so we're a bit limited by that. At the moment it's either in Taunton or in somewhere with a decent bus link. 5. Houses in Multiple Occupation (HMO)
If you let your property to several tenants who aren’t members of the same family, it may be a ‘House in Multiple Occupation’ (HMO).
Your property is an HMO if both of the following apply:
at least 3 tenants live there, forming more than one household
toilet, bathroom or kitchen facilities are shared
A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.
So as soon as you get to 3 people who are not related it is an HMO. No idea how they do things north of the wall.
From the LL/LA perspective - assuming you're looking at properties in an area with good demand, who are they going to pick? Mr & Mrs Jones and their kid(s) or a group of 4 young pals? Even if you're in financial or professional services, the assumption will be that you're quite a lot more lively than boring Dave and Susan the 40 something accountant and teacher.
I guess we'll just have to hope that we find one that the Dave and Susan's haven't.
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