Naming of Occupants on Tenancy Agreement

[ninercharlie]

My wife and I have self managed our own five rentals for several years and we think we have leant most of the tricks a landlord needs to know.

We have always specified in the Tenancy Agreement (TA) the maximum number of occupants eg: “The Tenant shall allow no more than four adults to live permanently at the premises” but to date have not asked for names.

I have seen an example of a TA that include the names of the permanent occupants. I ask for views please based on experience on the need or desirability of requiring the tenant to disclose the names of those who will live/are living at the premises.

[Keys]

Everyone over 18 on the TA.

Jointly and severally. Means more people to chase should the brown stuff hit the spinny thing.

[SuperDad]

ninercharlie,

As keys says, it gives you more options of debtors to chase when the SHTF. Scotney Williams (from Tenancy Practice) recommends this as best practice. Geoff Knight from C.I.A Debt Recovery Group Ltd also recommends this, for the same reason - it makes it more likely that you will recover your loss.

Say, for example, you have a property with 3 adult occupants. Each of them is named on the tenancy agreement. Further, the TA should stipulate a maximum of 3 occupants.

If a 4th person wants to move in, then they are subject to the normal checks. They are then named on the TA.

Paul.

[Perry]

I can't recall the wording used, but my TAs
have something to the effect that the tenancy
is personal to those named in the TA, plus
something about non-assignment and max-
imum numbers. In theory, that means any
tenant changes need to be pre-approved.

Even has definitions to determine what is
an extra tenant, along the lines that anyone
in residence for more than x days is a tenant
and less than x days is a visitor/guest.

[regan]

Even has definitions to determine what is
an extra tenant, along the lines that anyone
in residence for more than x days is a tenant
and less than x days is a visitor/guest.

ahhh... specifically defining it is a great idea!

will add that to mine.

my page of "extra conditions" is starting to look like a novel!

[regan]

We have always specified in the Tenancy Agreement (TA) the maximum number of occupants eg: “The Tenant shall allow no more than four adults to live permanently at the premises” but to date have not asked for names.

I have seen an example of a TA that include the names of the permanent occupants. I ask for views please based on experience on the need or desirability of requiring the tenant to disclose the names of those who will live/are living at the premises.

I get the tenant to list "everybody" that is staying in the property, including children, on the first page of the tenancy agreement. I think it not only makes it clear to me who is staying there - it also makes it clear to the tenant who is meant to be staying there.

Then on the other conditions page say... "no more than _____ adults and _____ children as specified on the first page of this tenancy agreement" clause.

Directly under that is my "no subletting to any other persons not listed on the tenancy agreement".

And I'm about to add in Perry's suggestion regarding specifying what exactly is considered a guest, and when a guest will be considered a tenant.

regan