Girlfriend moving in - what rights?

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    Girlfriend moving in - what rights?

    Hi

    Im about to start renting a flat in London with three friends and we have just signed the lease and provided the deposit. My girlfriend has now decided to move down to London and I have asked her to move in with me, my flatmates are happy for this to happen as they all know her very well.

    She would not be contributing to the rent for the year as she is studying at law school which isnt a problem for me as I can afford it. she is currently studying so would not be able to afford to rent her own place so this is quite a worry.

    What I want to know is do i need to notify the landlord? does my girlfriend need to go on the lease? What would happen if the landlord refused to allow her to go on the lease?

    Any Advice on what mine (and my girlfriends) rights are would be much appreciated

    #2
    If you are all on the tenancy agreement, that is only the people allowed to live at the property.

    If you don't tell your LL, he/she may never find out but if something happens/goes wrong, or your flat mates stop being "mates" and decide to grass you up, you could find yourself in trouble.
    Exactly what legal trouble you could face I am not 100% sure, but I am sure there are implications.

    If you tell your LL, they may be OK about it (but for how long and also, they may use this against you in future if there's a dispute) but then again they may not be OK about it and then you have to convince him/her that she isn't living with you.
    What if the LL carries out an inspection - can you get rid of all her "girly" things and any other evidence of her presence?

    Also, consider the following;

    It may sound OK to your flatmates now to have your GF live with you lot, but what will they both think/feel after 2 weeks, 2 months, 6 months. etc.?

    If she or your flatmates have had enough of each other, where can your GF go? Sounds like she would be trapped.

    What if she stops being your GF - has she and you thought about that?

    Will your flatmates be happy for her not to pay anything towards living expenses, such as utility bills, phone/internet, c.tax, tv license, groceries, eating-out/in....

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      #3
      Hi

      Thanks for the points, im really not too worried about the social aspect of it, my girlfriend is good friends with my other flatmates and has actually previously lived with one of them. She is also happy to contribute towards living expenses so this isnt a problem.

      The other aspect is that the flat is a 3 bedroomed flat and there are already four of us as there is another couple who were on the lease from the start so my worry is that 5 in a 3 bedroomed flat would test the landlords patience although i dont entirely understand what their objections would be?

      Surely it is quite common for couples to move in together and when this does happen what is the normal procedure with regards to landlords?

      Comment


        #4
        Originally posted by fin View Post
        Hi

        Thanks for the points, im really not too worried about the social aspect of it, my girlfriend is good friends with my other flatmates and has actually previously lived with one of them. She is also happy to contribute towards living expenses so this isnt a problem.

        The other aspect is that the flat is a 3 bedroomed flat and there are already four of us as there is another couple who were on the lease from the start so my worry is that 5 in a 3 bedroomed flat would test the landlords patience although i dont entirely understand what their objections would be?

        Surely it is quite common for couples to move in together and when this does happen what is the normal procedure with regards to landlords?
        Go back to basics. L agreed to let to four known people, right? So why should your girlfriend (not credit-referenced by L and, indeed, having no contract with L) be allowed into unauthorised occupation?

        Please state the wording of the AST restriction which, I guess, bars T from subletting and sharing possession other than with L's consent (which you clearly have not obtained and don't seem enthusiastic to obtain).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Girlfiend Moving In - Rights

          Now there's a Freudian typo if ever I saw one!

          Comment


            #6
            Originally posted by fin View Post
            im really not too worried about the social aspect of it, my girlfriend is good friends with my other flatmates and has actually previously lived with one of them. She is also happy to contribute towards living expenses so this isnt a problem.
            You say you are not worried but what does your GF think or feel?

            I don't think you should underestimate the vulnerability of your GF if things break down and you fall out and/or separate.
            If she is in the middle of her studies and such a thing happens, will she have somewhere where she can stay?

            Originally posted by fin View Post
            Surely it is quite common for couples to move in together and when this does happen what is the normal procedure with regards to landlords?
            Yes this does happen of course, but it depends on the LL's permission (not guaranteed) and often, a new tenancy agreement is drawn up to take account of the new person.
            However, with the new person being added to a tenancy agreement, this means that they would have to be liable for rent even if they didn't actually pay it themselves.
            A sensible LL would want to reference anyone that was put on a tenancy agreement, to satisfy themselves that this person could pay rent and of course, if your GF has no money, she may not qualify without a guarantor.
            I doubt that any LL would put your GF on a tenancy agreement if she was incapable of meeting rent obligations.

            What happens if your friends want to move out or split up or stop being friends?
            There are a multitude of possibilities of how things could change and you should allow for this.
            For example, would you be able to qualify to rent a property just on your own income?

            In addition, the LL has to consider (as you must also do) the living arrangements with 2 couples/5 people and the potential for this to lead to dissatisfaction/problems/disputes etc., amongst some or all of the occupants. The current occupants may not have evaluated this aspect, especially if they have not encountered such an arrangement before. The LL might.

            I know it can sound oh so simple to do what you want to do and I do understand that you want it to be that way - but you must be aware of the pitfalls and potential troubles down the road, of which I have had my fair share of from both sides of the equation and I urge you not to jump into this arrangement willy nilly and be aware of what would happen if you hid your GF from the LL and he/she finds out and decides to evict her.

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