Private residential tenancy model agreement: easy read notes

13. Notification about other Residents

If a person who is over 16 lives at the property with the tenant as their only or main home, then the tenant has to write to the landlord (or email the landlord if email is the agreed method of contact). The tenant's letter (or email) must tell the landlord the name of the person who has started to live at the property with the tenant and the tenant's relationship with that person. Then, if that person leaves the property, the tenant must also tell the landlord that this has happened. For example, if a couple take a joint tenancy and live with their two children aged 14 and 15, when each of those children become 16, the Landlord should be notified. Also, where a husband takes a single tenancy but lives with his wife, he should notify the landlord that his wife lives with him.

If a tenant dies while they are the only tenant under a private residential tenancy, a partner, family member or carer can inherit their tenancy under certain conditions, as long as the tenant did not inherit the tenancy from someone else in the first place.

In order for a person to inherit the tenancy, they must:

• have been living in the property as their only or main home at the time of the tenant’s death, and
• the tenant must have already notified the landlord .

There are several types of relationship with the tenant which might allow someone to inherit the tenancy:

1. If the person was married or in a civil partnership with the tenant at the time of the tenant’s death, the person will inherit the tenancy, as long as:

• they have been living in the property as their only or main home at the time of the tenant’s death, and
• the tenant must have already notified the landlord .

2. If the person was a partner of the tenant (but was not married to them or in a civil partnership with them) to be allowed to inherit the tenancy:

• they must have been living in the property as their only or main home for at least 12 months without any breaks up to the tenant’s death, and
• the tenant must have already notified the landlord

The 12 months will be counted from the time when the tenant told the landlord that the person was living in the property. Any time when the person was living in the property before the landlord was told will not count.

3. If the tenant does not have a partner to inherit their tenancy, any qualifying family members who are at least 16 years of age when the tenant dies can inherit the tenancy, if:

• they have been living in the property as their only or main home for at least 12 months without any breaks up to the tenant’s death, and
• the tenant must have already notified the landlord

The 12 months will be counted from the time when the tenant told the landlord that the person was living in the property. Any time when the person was living in the property before the landlord was told will not count.

The tenant has to take care that no one living with the tenant at the property does anything that would break the rules of the Agreement. If any person living with the tenant at the property breaks the rules of the Agreement, then the tenant will be responsible for that (as if the tenant was the person who had broken the rule) and, for example, would have to pay for anything broken by that person.

If the property is not a House in Multiple Occupation or HMO (see Note 5 – Details of the property) at the start of the Agreement, then the tenant has to make sure that, by letting other people (who are not part of the tenant's family) move in and use the property as their only or main home, the property does not become an HMO.

The tenant would have to pay the landlord back for any fines or other money that the landlord ends up paying because the property has become an HMO. This would include any fines or penalties payable by the landlord because the property is being used as an HMO without being registered as one.