Only the Lead Tennant shown and need a parking permit

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    Only the Lead Tennant shown and need a parking permit

    We are five students sharing a house and there is only one name on the tenancy agreement - the lead tennant. Durham Council insist (rightly so) on my name being on the agreement in order to issue a parking permit for my car. The landlord is being really unhelpful and says he will sign something as long as it's legal. I've sent him numerous drafts adding my name, but he says none of them are legal. Durham Council have said that even though there is only one tennant responsible, there should be a page which indicates that the other four people reside there as tenants. There isn't. I am trying to produce something that will satisfy the landlord and also the council but am not sure of the wording. I need it as simple as possible idealy. Has anyone got any examples or advice they can share? I am getting next to nowhere with the landlord

    #2
    This is a licensable HMO!

    If only one tenant is listed on the main agreement, I would say you were a sub-tenant of that tenant, and needs a tenancy agreement with them.

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      #3
      Originally posted by leaseholder64 View Post
      This is a licensable HMO!

      If only one tenant is listed on the main agreement, I would say you were a sub-tenant of that tenant, and needs a tenancy agreement with them.
      Fantastic!!! We have rung the council and they have agreed that they can accept this. We have created a doc with help from a site and now are signing and submitting this. Your help has been invaluable. Thank you

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        #4
        Re: HMO,

        Do you have evidence that this HMO is licensed?

        If it is not, then you may be entitled to a refund under a Rent Repayment Order.
        Such an order may be against one or both of your immediate landlord and their landlord.

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          #5
          The lead tenant is probably directly responsible for it being an HMO.
          Also this structure must make council tax a bit of a pain to administer (presumably you're all exempt).
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by kdee69 View Post
            We are five students sharing a house and there is only one name on the tenancy agreement - the lead tennant. .............
            Silly lead tenant.

            With that tenancy agreement the other 4 don;t have legally to pay any rent at all.

            And if they do (as they clearly morally should..) pay rent then that income should be declared by lead tenant to taxman & any benefit agencies, particularly if over £7,500 in any tax year.

            NB Only 2 n's in tenant.

            NNB Landlord is us to something, not least avoiding HMO stuff. Wonder what else the property owner/lead-tenant's-landlord is fiddling as well. Insurance, gas safety, electrical safety, declaring rent income to HMRC???

            Does you uni/college have an accommodation office that can advise you all what to do?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by jpkeates View Post
              The lead tenant is probably directly responsible for it being an HMO.
              There was a recent case, reported on Nearly Legal, where the RRO legislation wording was interpreted as meaning "any LL up the chain".
              And it appears that the non-resident landlord in this case is aware that it is a HMO.
              https://nearlylegal.co.uk/2019/11/as...ion-8-notices/

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