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Oct, 2014

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  1. #1

    Default tenancy in just my name?

    My partner and I are waiting on moving into a property, the draft tenancy agreement states that my partner and I are sharing the tenancy 50/50.

    We are in an unstable relationship, and I am worried that if both our names are on the tenancy and we decide to split he will refuse saying his name is on tenancy and doesn't have to etc. We have 2 children together and pets that would be staying with me so I can't just up and leave with them to find another place as I've struggled to find this one.

    Would the letting agent be OK with me asking to put the tenancy in just my name but with him still living there? Nothing but drafts have been done yet as we aren't living there yet and don't have a set date to move in (long story)

    Is this up to the landlord whether or not to allow me to be the only name on the tenancy or the letting agent?

    Thanks.

  2. #2
    Join Date
    Aug 2011
    Posts
    1,146

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    The letting agent works for the landlord. So its the landlord's call.

    Is your partner happy to have no tenant rights? (or responsibilities)

    Are you happy to have him stay with you and be responsible if he doesnt pay rent? Given he is not a tenant, he would have no obligations and you are solely responsible for the tenancy
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

  3. #3
    Join Date
    Jan 2005
    Posts
    5,066

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    Quote Originally Posted by b33tleju1ce View Post
    Is this up to the landlord whether or not to allow me to be the only name on the tenancy or the letting agent?
    The agent acts on behalf of the landlord so does what the landlord tells him (or should do!). In this case I would expect the agent to reccommend to the landlord that both names should be on the agreement as there's no advantage (only potential disadvantages) to the landlord for not doing so.

    What is the income situation here? In the agent's view, do you have enough income on your own to afford the rent alone? If not, then I can't imagine for a moment that they'll allow this.

    It goes without saying, I think, that if the landlord/agent understand the reason for your reticence then you'll not make a very attractive prospect as a tenant.

    Is your partner OK with your plan of not having his name on the tenancy, to make it easier for you to kick him out?

  4. #4
    Join Date
    Aug 2010
    Location
    London
    Posts
    1,090

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    What does you partner say? In fairness it's a decision you two need to agree on first and foremost. Going behind their back is hardly going to help 'stabilise' your relationship.

    Only having one name and the other being classed as a 'guest' is a reasonable request.

    However, the LL may ask for guarantees that the rent will be covered / maintained should one of you leave.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

  5. #5

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    He is aware I want it just in my name. He is also aware I want him to leave but refuses, so we said we would try being in the house for a while. As its only a 6 month tenancy first of all I may well leave it as it is and if everything is the same in 6 months just leave at the end of that, or see if he will... Guess I will have to stay with family if not until I found another house.

    Financially we will be receiving full housing benefit as he doesn't work, we were hoping he would have a job by now but no luck. Obviously if I was alone I would still get the full housing benefit so not sure if landlord would be OK with that, they know we will be receiving it anyway so not much difference? I have a guarantor too so I can't see why they wouldn't be happy with it.

    Thanks for replies.

  6. #6
    Join Date
    May 2009
    Posts
    14,115

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    Note, a joint tenancy is not a 50/50 thing. Both of you together will comprise 'the tenant', with both of you jointly and individually liable for all of the rent.

    If you and your partner are joint tenants, you will have no control over whether he lives there or not. You won't be able to evict him/tell him to go.

    Also, even if you move out at the end of the fixed term, he'd also have to move out in order to end the joint tenancy at fixed term expiry. If he didn't, then a statutory periodic tenancy would arise, replacing the fixed term tenancy, and so you'd be liable for further rent (though after it became a SPT you could serve notice to end the tenancy).

    I think, from what you say of the instability of the relationship, that signing up to a joint tenancy would be inadvisable. But obviously, the LL's wishes come into it - he may not be willing to grant you a sole tenancy.

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