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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11262
Experience:  I have been practising for 30 years.
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After a 1st yearly property check, it was clear that there

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After a 1st yearly property check, it was clear that there is another occupant in our property.
The tenant says it's his 15year old daughter from a previous marriage. We don't have a problem with that. However, when asked for us to meet her and show her birth certificate for identification purposes, they are determined for this not to happen.
At the moment we have no proof that it isn't a sub tenant, which would breach the tenancy agreement - What are our rights to demand to identify who is living in our property?

Hello for clarification - how many bedrooms are in this property?

Customer: replied 6 months ago.
3 bedrooms
Customer: replied 6 months ago.
I've just joined to get an answer - And now you're telling me that I will pay for this service - Where on the website does it explicitly state (Before I join), that there will be a cost per answer?....

I don’t deal with money, I only answer questions and it is a paying service unless you have opted for a free trial.

You say you have no proof that it’s a subtenant. What makes you think it is a subtenant?

When you say the tenant is determined for this not to happen, do you mean they are refusing?

When does the tenancy renew? Has it been renewed?

Customer: replied 6 months ago.
That's the point - I have no proof who is living in the room - other than her word.
There have been 7 responses to my requests. Either demanding how I have the legal right to see her and her birth certificate, or telling me that she's spoken to housing department and that they have never heard of such a demand.
They have insinuated that I am overly interested in a 15 year old girl.
They say that they can have family stay with them (which is true) so they have done nothing wrong so they don't need to provide anything. But we have no idea (proof) whether this person is who they say she is - or someone/anyone else.
12 months was up on 13th May
Customer: replied 6 months ago.
With a month by month agreement from there on

You have no legal right to the information that you are asking for. In that respect, the tenant is quite correct. However, even if you were shown a birth certificate, there is no guarantee that the birth certificate is the birth certificate of that person.

I must admit, I have never had a landlord (over 25 years in the legal profession) ask for the proof of date of birth of the tenants guest.

I’m afraid that if you carry on with this is likely that you could end up on the receiving end of a claim for compensation or an injunction (or police attention!) for either harassment or breach of covenant for quiet enjoyment.

You could serve a section 8 notice for breach of tenancy agreement which the tenant would have to oppose and a judge would decide whether he has breached the terms of the agreement or not.

You could serve a section 21 notice because the tenancy has now become periodic and end the tenancy in two months.

I appreciate that you probably don’t want to lose the tenant but you don’t want any subletting either but there is no magic solution to compel the tenant to give you the identity of whoever is staying there.

I’m sorry, I know it’s not the answer you wanted.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 6 months ago.
Thank you for your response - Ok, I get that I have no right to ask for a birth certificate (it was the only thing that I could think of at the time) How can I (reasonably) determine who this person is - or do I have to believe the tenant?
It does seem a little weird that we have no right to know who is living in the house.

I’m afraid that you have to believe the tenant and if you don’t believe the tenant, then you give them notice to quit. You are not entitled to the identity of the guest in the tenant’s property.

I know it’s ironic that your property and you must have some say on whoever lives in it and you do by virtue of the tenancy agreement.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for that clarification.....I'm much obliged