New tenants - no consent

[Ceca04]

Hi. Our tenants moved into the property a month ago. It is a two bedroom flat. A week ago we were made aware that one of the tenant's sisters and her child were at the property. We now suspect that they have moved in. In the agreement we have not specified the maximum number of tenants however they advised us that the flat was for the two of them and when I asked them to fill the tenancy applications for every adult living at the property they only provided applications for the two of them. How should we go about this? We are not ok with it at all...

[Beano]

I believe it is unreasonable for to have the sister and her child in the 2 bedroom unit but i would have their names recorded on the tenancy agreement .
Ps I am a not large landlord but I do have over 100 tenancies

[Ceca04]

I agree. I will leave it until Monday and see if she leaves after that. If not I will consider issuing a 14 day letter for subletting without consent.

[Perry]

Just be aware that if you did not exclude extra people by specifying the maximum number of people in the TA, you may be on shaky ground. (Whether or not you're in Christchurch)

Sub-letting is (or can be) quite a different thing to simply having extra people - especially if they are family.

[Ceca04]

Thanks Perry. That's what I was afraid of. At least the tenancy is only for a year and we definitely won't sign up for another year with these tenants.

[Viking]

Point out to them that they were asked to supply details for all adult tenants and others were not granted a tenancy. two choices, accept the other person with an increased rent plus details on the tenancy or ask them to move the other person on as outside of the agreed tenancy. -Could come down to a he said she said but on the other hand they may just pay you more money. (At least the rent divided by two and multiplied by 3 )

[Ceca04]

Thanks! Never thought of it that way...

[Wayne]

Thanks! Never thought of it that way...

You mention that the tenancy is "only for a year" which implies fixed term.
If it is then you can't increase the rent even if you think you should with more adults being there.

[Ceca04]

That's good to know!

[sidinz]

If it is then you can't increase the rent even if you think you should with more adults being there.

You don't know that - there could be a clause allowing it in the TA.

[Wayne]

You don't know that - there could be a clause allowing it in the TA.

True - but not more than once every 6 months and they have only been there a month.

[FJW]

Hi Ceca04

I would advise them that your coming back to do a re-ispection in a months time.

If they haven't rectified it then get more formal with it and issue them a breach notice to remedy within 14 days

Hope this helps

[Wayne]

I would advise them that your coming back to do a re-ispection in a months time.

Basic English grammar - you're.

[Ceca04]

Thank you!

[Bobsyouruncle]

Basic English grammar - you're.

Hope this helps