contractual tenancy agreement

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    contractual tenancy agreement

    I have a contractual tenancy in place,is it necessary to have all the people living in the house named as tenants on the agreement.5 are named 2 are not.
    The agreement will expire soon and they all wish to stay on for another year.The two who are not on the agreement moved in with my consent,I am happy to offer them another contract for a year.
    I do have a clause stating that the landlord will not intend to create a tenancy with any person paying rent on the tenants behalf.
    I presume that if someone is not on the agreement i will not be able to pursue them if money is owed,but the 5 that are on the agreement are liable for the whole amount anyway------------ are there any other down sides ?
    Thankyou.

    #2
    1. All Tenancy Agreements are contractual.
    2. Do you therefore mean a common-law residential Letting Agreement outside the scope of the Housing Act 1988?
    3. No more than four individuals can hold a legal estate, so only the first-named four can be legally entitled to the Tenancy's benefit.
    4. If there's seven of them, it's best:
    a. to let to four; and
    b. either authorise the four to share occupation with the three; or yourself enter into separate non-tenancy Agreements with the three.
    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


      #3
      You can name as many people as you like as tenant in a tenancy agreement and, as a matter of contract, all will be equally liable to pay the rent and comply with the obligations imposed.

      It is true that as a matter of law the legal estate will only be vested in the first four named tenants and they will hold that estate as trustees for themselves and the others named.

      However, all the persons named will be tenants since whether there is a tenancy is a matter of tenure and not estates.

      Comment


        #4
        Originally posted by jeffrey View Post
        1. All Tenancy Agreements are contractual.
        2. Do you therefore mean a common-law residential Letting Agreement outside the scope of the Housing Act 1988?
        3. No more than four individuals can hold a legal estate, so only the first-named four can be legally entitled to the Tenancy's benefit.
        4. If there's seven of them, it's best:
        a. to let to four; and
        b. either authorise the four to share occupation with the three; or yourself enter into separate non-tenancy Agreements with the three.
        Yes it is a common law contractual agreement [1925],so I will name 4 as tenants and have a sub section for 3 sharer`s.

        Thankyou

        Comment


          #5
          Originally posted by Lawcruncher View Post
          You can name as many people as you like as tenant in a tenancy agreement and, as a matter of contract, all will be equally liable to pay the rent and comply with the obligations imposed.

          It is true that as a matter of law the legal estate will only be vested in the first four named tenants and they will hold that estate as trustees for themselves and the others named.

          However, all the persons named will be tenants since whether there is a tenancy is a matter of tenure and not estates.
          Thankyou for your advice,so if i name the first 4 as tenants and have a sub section authorising 3 sharers that would be acceptable ?
          If I had a person living in the house that was not on the agreement are there any implications ?How I understand it ,is that only the persons named on the agreement would have any rights and that when the agreement ends if anyone was living in the house not on the agreement they would have to leave.thankyou
          Is it necessary to only have the the 4 tenants sign and not the sharers ?
          Last edited by lotti; 17-05-2010, 09:32 AM. Reason: another question

          Comment


            #6
            Originally posted by lotti View Post
            Yes it is a common law contractual agreement [1925],so I will name 4 as tenants and have a sub section for 3 sharer`s.

            Thankyou
            So would only the 4 tenants need to sign the agreement or would the sharer`s have to sign as well ?

            Comment


              #7
              What I'd do is just as shown in para. 4 of post #2.
              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

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