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Rebecca12
28-01-2009, 14:12 PM
A prospective tenant with 3 young children, 1 disabled doesn't want her partner named on the lease, presumably this is because it would affect her benefits. If the LL or agent agree to this - is this fraudulent?

Answers on a postcard.....

R

MrJohnnyB
28-01-2009, 14:30 PM
Common sense - Yes. If you have strong reason to believe that it is because they wish to commit fraud and they have absolutely no genuine reason then surely it would be aiding and abetting or similar.

Poppy
28-01-2009, 14:41 PM
I do not know if it is fraudulent.

I would reference and credit check them both. If they are both still in the running, put both names on the tenancy agreement.

In situations where I have one prospective tenant earning significantly more than the other, I still reference them both and put both names on the tenancy agreement. I do this because I don't want to risk a situation where the more solvent tenant departs leaving the less solvent lodger and you do not have a tenancy agreement with them. That's when things start getting messy.

Rebecca12
28-01-2009, 14:47 PM
Thanks. I don't have a strong reason to believe they want to commit fraud -I understand its a fairly new relationship. The mother is exceptionally nice and had a good career until a few years ago when she had give it up to become a full time carer for her disabled daughter.

She has excellent references and I have spoken to her current landlord. The only query is the unwillingness to include the partner on the tenancy.

Rebecca12
28-01-2009, 14:56 PM
Thanks Poppy.

I agree - would reference them both.

The mother is the one with the higher income (benefit entitlement). If she was the only person named on the lease and decided to give up the lease, surely he wouldn't have any rights as a lodger?

Mrs Jones
28-01-2009, 14:57 PM
If it is a fairly new relationship, she may be reluctant to give him any security of tenure by including him in the tenancy agreement.

Poppy
28-01-2009, 15:06 PM
If she was the only person named on the lease and decided to give up the lease, surely he wouldn't have any rights as a lodger?
That's right. You sound like you are clued up enough to make the right decision for your letting business.

Rebecca12
28-01-2009, 15:17 PM
I'm going to take that as a compliment Poppy, given your level of experience!

cheers
R

LandlordLee
28-01-2009, 16:57 PM
If his name is on the tenancy then it will mean her benefits will be different - mainly LHA or Housing benefit depending on the system your council use.

Legally the 'boyfriend' is not allowed to live at the property if she is claiming benefits as a single mum. If the council find out in the future, they can claw back the monies paid from the landlord.

Even if the tenant is nice and all that, him living at the house would be fraud and if you know about it the council would expect you to tell them.

If they did find out and she could no longer pay rent, it may prove costly.