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Permissions to Let Property (England) | Record Keeping and Data Protection (England) | Tenancy Agreements (England)

Will it affect the AST?

2 Jun 2016 | 1 comment

My divorced tenant (only name on the AST) is applying for custody of the daughters (one of which is a minor).
Her lawyer has asked me to confirm in writing that I would be happy for the daughters to live in my property with their mother.
Her lawyer has also asked me to provide my passport details+mortgage details as proof of ownership of my property.
Would this affect the AST? If yes how?
Wouldn’t a search of the Land registry confirm that I am the owner of the property, without me handing over all my personal data?
thanks for your help

Answer

1 Comment

  1. guildy

    If you’re happy with the daughters living there, there is no problem in giving consent for the daughters to live at the property as lodgers and that the named tenant remains the sole tenant. This won’t affect the AST in any way. We normally like names to match (where they are over 18) but children we accept are different and not going to be liable for any of the terms of the tenancy including rent.

    I don’t think you could be compelled to provide those personal details although the irony is that we must by law get all of these personal details from all occupiers before granting a tenancy! I suppose we shouldn’t complain if we are asked for the same details!

    In any event, there is no law requiring a landlord to “own” a property. You could be renting the property from somebody else and then sub-letting to these people and that would be perfectly lawful. Furthermore, once a tenancy is in place, the tenant is estopped from denying its existence so can’t defend it by saying “you don’t own the property” for example.

    That being said, we agree that the land registry should be enough.

    You could obtain the land registry details yourself for £3.00 and send them to the solicitor if you prefer and see if that satisfies them.

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