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View Full Version : What type of tenancy?



Amanda
25-05-2005, 13:37 PM
Hello,

I would have posted this on the letting agents section but no one ever seems to look there and i could do with an answer on this asap.

If you let a flat to someone who will have their rent paid by someone else what type of agreement do you use?

Basically, this lady is having her house refurbished by her current landlord and he will pay for his tenant to be rehomed in that time.

I'm thinking i use an AST, make the landlord the responsible party and add the "tenant" in as an occupier?

Or a company let? I'm confused...HELP

Jennifer_M
25-05-2005, 14:19 PM
I would say the tenant is your tenant and you have an AST.
She pays the rent and gets reimbursed by her other landlord.

This way it's simple and she has the same duties and rights with you as any other tenant.

Amanda
25-05-2005, 14:49 PM
But she is a protected tenant currently, and she is retired and can't afford to pay the rent first and be reimbursed by the Landlord. Plus, he is the one who will put down the deposit and pay the rent and be laible. Surely i can't put her as the tenant as she can't be held responsible for the rent? Also, we won't be referencing her, just the landlord.

I can see what you are saying, but if there are any problems won't a court wonder why i made her the tenant when she has no liability?

Jennifer_M
25-05-2005, 16:00 PM
I'm not an expert but wouldn't the solution to this problem be that the landlord acts as a guarantor ?

The tenant is named on the AST as your tenant, her LL is the guarantor (you reference him), and because the tenant can't pay her guarantor does for her.
A bit like some parents pay for their student children.

Paul_f
27-05-2005, 08:24 AM
The landlord of the protected tenancy could become the "tenant" in this situation but NOT under an AST (if it were, it would have to be the tenant's main home, which it isn't); the protected tenant of this property could become a licensed occupier as Jennifer states, but that's not really the best way (see below).

If the protected tenant took a new AST it could prejudice her claim to repossess her protected tenanted property as it would have to become her main home, and she could be relinquishing this right by taking another lease. A court however, would not uphold any attempt by the landlord to repossess the original home as that would be a clear breach of her rights under the 1977 Rent Act, even if she were to be mistakenly offered an AST.

Also as tenant of the substitute property on an AST she might be tied-in for 6 months which could be too long, yet with a tenancy at common law there is no minimum, or indeed, maximum period.

The answer probably is for the tenant to take a periodic tenancy at common law on a month-by-month or week by week basis, with the landlord of the protected tenancy acting as guarantor. You could also create a joint tenancy if necessary, between her current landlord and herself, even though there would be only one occupant, which would obviate the need for a guarantor.