Advice please

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  • Advice please

    Hi, Im after some advice from landlords for a what i think is a rather odd situation. My boyfriend is a tennant he took the property on in August 2009. He has been a model tenant, no problems rent up to date etc. At Christmas we decided we would like to move in together and he approached his landlord asking if it was ok if i moved in . ( Need to add at this point we are not young both in our thirties known each other 14 years although only been in a relationship for 9 months) I went back to university as a mature student in 2008 and am now a second year student nurse. I also work part time although his income more than covers rent bills etc. The landlord refused his request stating that he wants him to have been a tennant for a year then he would "consider" his request. Im a bit at a loss as to why he feels a tennant must be in hie property for a year before they can live with someone and find it a little strange?
    We both really like the property and would like to both live there for quite some time before we put our end goal into action which is to emmigrate.
    Does anyone know of any reason as to why he would prefer his to be there a year, is it some legal reason?
    Thank You
    Lucy

  • #2
    He may want new contract that would make you "Joint and Severally" liable such that if you separated, who ever stayed would be responsible for the whole rent. If you lived in his property with out agreement he would still need to follow official channels to evict you.

    Does you boyfriend have a 12 month contract, perhaps he is waiting for a contract renewal

    Offer to pay for a reference check and a new contract that includes you for remainder of the period. The only downside would be if he has a break clause effective after 6 months, a new agreement would reset the 6 months

    Comment


    • #3
      Originally posted by Lucylu123 View Post
      ...My boyfriend is a tennant he took the property on in August 2009. He has been a model tenant, no problems rent up to date etc. At Christmas we decided we would like to move in together and he approached his landlord asking if it was ok if i moved in . ..... The landlord refused his request stating that he wants him to have been a tennant for a year then he would "consider" his request. ......
      Does anyone know of any reason as to why he would prefer his to be there a year, is it some legal reason?
      Strange indeed.

      AFAIK, there is no legal reason for the LLs decision. Its just a preference that he has expressed. Have you asked him specifically to explain why the one year period, considering the good conduct of your boyfriend?
      Maybe its his way of saying he doesn't want you moving in.

      Even if you were to wait the one year, there is no guarantee whatsover that he will give consent.

      Have you considered finding somewhere else to rent in the area? Might be the only option left to you.

      Comment


      • #4
        I did wonder if the mention of im a student nurse sent alarm bells ringing!! I wasnt actually present when the boyfriend rang him TBH so i have only had his take on the conversation however it was the definate answer of no and reconsider in August. AFAIK he is on a month by month tenancy agreement? which either landlord of boyfriend can give a months notice to each other. I would happily either pay for me to be put on as a permitted person on the tenancy or get a new one drawn up but that option was never given to us, it was just a straight no. Bit peeved really since their really is no reason for it

        Lucy

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        • #5
          Notwithstanding the above you do have the option of just moving in anyway. Your boyfriend is perfectly entitled to do this and if the landlord doesn't want the extra security of having you named on the agreement then that's his problem.

          In legal terms you would be your boyfriend's lodger and the landlord would have no say in the matter.

          The only downside is that the landlord might serve notice which would take at least 2 months or until the end of the current agreement whichever is sooner and you would have to find somewhere else to rent but then again he could do that anyway.

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          • #6
            Contrary view: if T is prohibited from sharing occupation, allowing Lucy in would be a breach- so L might serve a s.8 Notice (g12).
            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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