Adding husband to tenancy agreement

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    Adding husband to tenancy agreement

    Hello everybody,

    I am currently looking for a flat in a new city where I'm moving to start a new job.

    I am moving there alone. My husband is living in another country. We do plan, hoewever, that he will move to the UK at some point once he gets a visa and we intend to live together eventually.

    Here are my questions. I must say that I am posting here because I want to make sure I do everything legally and know my possibilities.

    We don't know when exactly he will move to the UK, it could be as soon as 3 months, or in 6, or 1 year).

    Should I tell my new letting agency that my husband will move to the UK at some point and that at that point we will ask them if it's possible for him to live with me?

    Should we wait until my husband has a job, and before that he stays in a hotel, and once he can prove his income ask the agency to add him as a tenant? He won't have any credit history in the UK.

    Can he be added as a tenant before he gets a job? Will he be able to be added as a tenant at all or live with me legally, with job or without job ?

    My salary is obviously enough to cover the rent, and have credit history, references, etc as otherwise I wouodnt be able to rent the flat alone in the first place.

    I hope my questions are clear and that you can share with me your knowledge. Thank you very much.


    #2
    These days anything out of the ordinary makes landlords nervous.

    Can you easily afford the rent (e.g you are a professional lawyer earning 100K/year) in which case they won't care? I would be inclined to tell the straightforward truth. You will be living on your own. Your husband who lives overseas may live with you intermittently when he is in the UK. At the moment you don't know how often or when that will be but you need a property that is suitable for two people. It is possible that he will join you permanently in which case you will ask at that stage if he should be included on the AST.

    The landlord will not be able to include him from the start due to the "Right to rent" rules.

    Comment


      #3
      Do you/husband have right to reside/rent in UK?
      Do you have a credit history in UK?
      Initially, just rent a Property suitable for self & partner.

      Comment


        #4
        Should I tell my new letting agency that my husband will move to the UK at some point and that at that point we will ask them if it's possible for him to live with me?

        The law gives a husband or wife the right to reside in a property in which the husband or wife has a right to reside See here for more information: https://england.shelter.org.uk/legal...ccupy_the_home

        The way to go about this is not to volunteer information, but to answer all questions truthfully.

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          #5
          Originally posted by Lawcruncher View Post
          The law gives a husband or wife the right to reside in a property in which the husband or wife has a right to reside See here for more information: https://england.shelter.org.uk/legal...ccupy_the_home
          Yes but I don't think that carried through to the right to rent legislation if the spouse is a named tenant on the AST. In the works it is not OK to check the right to reside of just one named tenant, or to have a surrogate tenant who does have right to reside.

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            #6
            Originally posted by AndrewDod View Post

            Yes but I don't think that carried through to the right to rent legislation if the spouse is a named tenant on the AST. In the works it is not OK to check the right to reside of just one named tenant, or to have a surrogate tenant who does have right to reside.
            I was thinking the same thing because the link talks about owners not renters. I had one T in a HMO with 4 people (one room was empty - total no of tenants could be a max of 5). The T brought his wife in to live in his room thus making this 'matrimonial home' cause me problems ie the room was too small for a double room, the HMO needed a licence, the wife was paying no rent, and I couldn't let the 5th room as that would make 6 people in the house and I could be 'done' for overcrowding.

            Comment


              #7
              Thank you for all your replies!

              I will try to answer some of your questions.

              No, I don't earn 100k. I earn above the threshold set by the agency to be a succesful applicant to rent the flat. Around 5k above the threshold.

              I don't have any adverse credit history and have been living in the UK for 3 years myself, previously renting so I can provide references from current letting agency.

              My husband do not have the right to reside in the UK yet. That's why he doesn't live in the UK! And he won't move here until he has such right. He won't quit his job in the country where he lives until he has such right. This is what we are waiting for, and like I said we don't know exactly how long it would take, specially under coronavirus circunstances. It could take as much as 6 months or more.

              He wont be living intermittently with me. It is usually me who visits him where he lives.

              So what I need to tell them is this, that he will intend to move in with me at some point and if this is fine. Right? Do you think that by disclosing this information they could think that he will actually move in without them knowing? Sort of, as if by being honest from the beginning they could think that I want to be dishonest later.

              Can he stay as a guest until he is added to the TA? Does it depend on the TA? What I am understanding from your answers is that it all depends to the TA and the landlord whether he can stay as a guest and if he can be added to the TA?

              Again, just to make sure I am understood I don't plan to breach my TA or any law, just want to see what our possibilities of living together are!

              by the way, the flat isnt a HMO, it's a large one bedroom flat where usually a couple could live.

              thank you.

              Comment


                #8
                He can't be added to the tenancy. It would need to be a new tenancy or a deed of assignment. Far easier for the landlord to simply give permission for him to occupy, either verbally or in writing.

                He can stay as a guest without a right to rent as long as its short term, eg a holiday. If he is living there then he needs a right to rent which usually means visas etc, but you should look up the individual requirements in your husbands circumstances.

                I think you should probably offer to present these to the landlord once he moves in to live there.

                Comment


                  #9
                  That is a very commonly & frequently occurring practice where one UK settled partner sponsor his/her partner from abroad usually under spouse visa which also require the evidence of priorily owning/renting a sufficient sized accomodation. Usually a large studio flat & 1 bedroom flat are sufficient for a couple and most of the landlords have no issue if someone's partner will later starts living there provided having being issued with the visa. What you can do is just to agree on 6 months of contract initially in your sole name and let your partner arrive. Then after 6 months before it will disguise into statutory periodic then may ask the landlord to add your partner with a new tenancy agreement or if you will be dissatisfied from the landlord/property then can even change as the new landlord will certainly add him since he would already be in UK.

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