renting with a Guarantour

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    renting with a Guarantour

    Hi,

    I am a single mother who currently receives Housing allowance in the house i am in now. I really want to move to a different area but know a lot of people will not take on DSS and i will not have an income as i will be moving. Can I get a place to rent if I could get my parents to Guarantour and then apply for housing allowance after?
    x

    #2
    Originally posted by lele View Post
    Hi,

    I am a single mother who currently receives Housing allowance in the house i am in now. I really want to move to a different area but know a lot of people will not take on DSS and i will not have an income as i will be moving. Can I get a place to rent if I could get my parents to Guarantour and then apply for housing allowance after?
    x
    Are your parents home-owning and employed?

    It is possible, but if you are unemployed yourself, you may struggle to secure a tenancy, I'm afraid. It would be much easier to do so if you could get a job first in the area you wish to live in, then start looking for a home. I realise this may not be the most convenient solution for you, but you are right that some LLs are very wary of LHA tenants.

    One possible solution would be for your parents to sign the tenancy contract with the LL's permission to sublet to you - but not all LLs would agree to that, either.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Originally posted by mind the gap View Post
      One possible solution would be for your parents to sign the tenancy contract with the LL's permission to sublet to you - but not all LLs would agree to that, either.
      Beware though, to be an AST, which gives you a number of protections, one of the tenants must use the property as their main residence. If they don't, it's not an AST no matter what it says on the document!

      Comment


        #4
        Originally posted by Snorkerz View Post
        Beware though, to be an AST, which gives you a number of protections, one of the tenants must use the property as their main residence. If they don't, it's not an AST no matter what it says on the document!
        True; but the parents (as head-tenants) could grant an AST to their daughter lele, as long as the parents' L so permits.
        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).

        Comment


          #5
          Originally posted by jeffrey View Post
          True; but the parents (as head-tenants) could grant an AST to their daughter lele, as long as the parents' L so permits.
          But the security of tenure would be in the contract between parents and landlord - and that wouldn't have the Housing Act protection (would it?).

          However, another thought, If OP signed as co-tenant with P, then it would be AST (OP would live there) but L would be able to pursue P if any defaults (joint liability).

          Comment


            #6
            Originally posted by Snorkerz View Post
            But the security of tenure would be in the contract between parents and landlord - and that wouldn't have the Housing Act protection (would it?)
            1. T (daughter) would have 1988 Act security as against L (her parents).
            2. L would have no security as against owner (O) but:
            a. the head tenancy would be contractually binding under common law rules; and
            b. T would need to extract from O an agreement (in it) not to disturb T's occupation unless O is ending the head tenancy of L.
            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).

            Comment


              #7
              Originally posted by Snorkerz View Post
              If OP signed as co-tenant with P, then it would be AST (OP would live there) but L would be able to pursue P if any defaults (joint liability).
              Yes. O could let to parents + daughter together. 'Main home' occupation by at least one of them (= daughter) would make it an AST.
              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).

              Comment


                #8
                Is it possible that if i could find a friend to rent with me we could get a tenancy aggrement together. Then after a while he could move and I could then claim housing benefit again? as I think finding a job before i move down there would not be an option as i have find childcare and stuff also. As I am thinking of moving quite far away.

                Comment


                  #9
                  He wouldn't even have to move in - BUT - he would need to be on the tenancy agreement (so that the landlord can pursue him for debts if you default). If he is on the tenancy it MAY affect your entitlement to housing benefit as you will only be perceived as being responsible for half the rent.

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