Tenants wants back-dated tenancy agreement

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    Tenants wants back-dated tenancy agreement

    I had a couple rent the property about 2 years ago. They broke up some months ago. However, the girlfriend stayed on. I was n't told about this. The rent is up-to-date.

    She wants to claim council tax discount, as she is single. However, the local council is not playing ball. They want a new tenancy agreement in her name. The deposit was protected on the original tenancy. However, the boyfriend is the lead tenant. Insurance scheme. The tenancy is periodic.

    I am not keen on a back dated tenancy, as it cause problems with protection of deposit (as needs to be done within 30 days). However, she is a good tenant and want to do something to help her.

    Can I give her a back-dated tenancy, with £0 deposit, but unprotect the deposit, but not transfer the money to the boyfriend. She told me she paid the deposit. The boyfriend is a fairly relaxed guy.






    #2
    I am not a legal expert but this sounds illegal to me. Surely the boyfriend proving he lived elsewhere should satisfy the LA.

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      #3
      If the GF can't afford the rent I would refuse the tenancy and keep it in his name. He can then give you notice if he objects.

      Don't give her a backdated tenancy. That would be fraud.

      Was she named as a permitted occupier?

      If she can afford the rent, you could do all the usual checks and accept a deposit off her, and return the BFs deposit to the BF. He would then have to give the money to her - let them sort that out between themselves.

      In other words, set up a completely new tenancy for GF and close down the BF tenancy.

      Don't let them put you under pressure over this and try to rush you.

      Comment


        #4
        Sounds like the usual benefit swindle to me.

        (Woman gets place on her own claiming to be a single mum, so all the rent is paid by the state.)

        Comment


          #5
          The council will have rules and processes, but they can't demand a tenancy agreement that doesn't exist.
          The tenant has a joint tenancy with someone else, but it's periodic (less than six months) and so her actual circumstances are all that matters for council tax purposes.

          She's claiming to live alone, and the council need to provide some evidence that she's not.
          It's not really possible for someone to prove that they are the only resident of a property.
          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
            No. Wait until someone serves valid btw then start boring process of credit checking etc new sole tenant. Return deposit, if no damage or arrears, to whoever paid you or under instructions from whoever paid you.
            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
              If she wrote to you at the time informing you that he had moved out, you could offer to relay this note to the Council as evidence that she has been living alone, but you can't backdate a tenancy agreement that was not legally in force. That could be fraud.

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                #8
                As already said..... you would be participating in fraud.... if caught you could be in a '' bit of bother '', keep it professional and say no.

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                  #9
                  If the GF can't afford the rent I would refuse the tenancy and keep it in his name. He can then give you notice if he objects.

                  She can afford it, as she has been paying the rent herself for sometime!!!! Despite furlough, she has taken spare jobs etc... She is a good sort!.



                  Sounds like the usual benefit swindle to me.

                  No No No. She is a single lady. There are no children nor is she expecting. She is currently one of my best tenants. Very sensible. She is young lady, learning rules and regulation.

                  She is not trying to steal anything from the state.

                  It is the council who are ripping her off, by charging her regular council tax and not giving her council tax discount.

                  How can it be fraud, she is not making any gain, that she should not be entitled to.

                  It is the council who are being a pain in the neck.

                  Comment


                    #10
                    If she can afford the rent, I'd give her a single tenancy and do all the usual checks and refs, accept a new deposit off her and return the BFs deposit to him.

                    It is my opinion that she IS trying to steal off the state by asking for a backdated tenancy so she can get a CT reduction to which she was not entitled to at the time. However, as the CT was, presumably, in the BFs name it is he who is entitled to claim the discount because there was only one person living in the house.

                    However: Is the GF the person named on the CT bill and from when? If GF is the CT payer perhaps the BF could write to the council and explain the situation.

                    Is the GF was named as a 'permitted occupier' on the BFs tenancy agreement?

                    Comment


                      #11
                      Never EVER back date a document. It could land you in a lot of bother

                      Comment


                        #12
                        The original Tenancy was in the BFs name so either he gives you 1 month periodic notice or you give him 2 months (or what the current Covid stance is) and that Tenancy ends.

                        Do a true leaving Inventory too and charge him for any issues.

                        You must return the Deposit to him and (if hes nice) he'll pay it to her if she orig paid it.

                        Then, you should do full referencing for her new AST just as you would anyone else (its only £20 so a no brainer).

                        She pays the Deposit and you protect.

                        Be sure to do a new starting Inventory for her too.

                        Don't forget to issue all of the prescribed info to her as this is a new AST

                        Dont forget gas cert, electric cert and EPC cert too.

                        Comment


                          #13
                          Landlord-man, as I'm sure you know, landlord's notice does not end a tenancy. It's a notice that they might proceed to court action.
                          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


                            #14
                            lol my comment was based on the OPs statement that the original Tenant is a "fairly relaxed guy" and I'm guessing he would be keen to be removed from any further liability for a place he's not living at.

                            Comment


                              #15
                              CT was, presumably, in the BFs

                              Incorrect. No, it was a joint tenancy. The council tax was in joint names too.


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