One Tenant but 2 Occupiers

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    One Tenant but 2 Occupiers

    I have had an enquiry to rent my property from a couple but only one wishes to be named on the AST (the other is obviously over 18). What are the potential problems regarding this ? (I'm sure there must be some !!). Many thanks for your help.

    Are they married, related or merely living together or sharing as friends?

    Whatever the reason, I would be asking myself WHY they don't want to be on the tenancy? maybe something to hide ????
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE


      You'll soon know if they are genuine when you present both of them with tenancy application forms and a note of the fee for undertaking credit checks and references. If/when they shy away your problem has gone.

      Are you using an agency affiliated to a regulatory body to source suitable tenants?

      Are you new to the property industry?


        They are 2 guys (partners). One is working and it is him that I have been speaking with, although his partner also looked around the house. (That may have just been for a second opinion but I imagine he will also be living there - I have not yet asked this question as at the time I showed them round I assumed they would both be living there and would both be party to the AST so didn't ask).
        I have a good feeling about the guy I have been dealing with.
        Assuming everything about him checks out OK (ie, I would be happy to let to him on his own), what would the implications be if ;
        1. His partner also lived there but was not a party to the tenancy agreement
        2. His partner also lived there, was to go on the tenancy agreement but has adverse credit info, etc
        PS Yes I am a newbie and am not using a letting agency, but will be obtaining all the relevant employment/landlord/credit checks etc
        Many thanks for your help


          Originally posted by Holiday-Baby View Post
          1. His partner also lived there but was not a party to the tenancy agreement
          2. His partner also lived there, was to go on the tenancy agreement but has adverse credit info, etc
          Presumably the 'shy' one doesn't have enough income or good enough credit to apply for a tenancy. Or you're jumping to conclusions and he isn't intending to be living there. It's a perfectly fair question to ask. My tenancy agreement has a clause stating "The property is let to you, John Smith' and only you are permitted to live there".

          If he moves in under either conditions 1 or 2, you need to ask yourself what happens if the relationship (if there is one?) breaks down and the original tenant disappears living the 'shy' one behind, unable to pay the rent. He will then be either a squatter or a tenant; but either way it will take legal eviction processes to get rid of him.

          That being said, it's very common to let to a heterosexual couple where one partner works and the other stays home looking after kids, with no income: it would be just the same scenario then, were the working partner to leave.


            Thankyou Ericthelobster.
            Assuming that they both live there and assuming that the tenancy agreement is in one name only, my main concern would be whether the non-tenant would have any rights to occupancy, ie would he need to vacate the property legally upon termination of the official tenancy.
            If he would have any form of over-riding interest in the property, could I insert a clause into my AST to say that any occupier other than the tenant has no rights, etc,etc..
            (I am a mortgage undrewriter and I know that non-borrowers over 17 who occupy a property have to sign such a form , so could I use a version of that if necessary ?)


              Actually, I asked pretty much the same question here myself a while ago - the responses might be useful to you:


                Thanks Eric - that was a help
                Out of interest, did your tenant/boyfriend turn out OK ?


                  Originally posted by Holiday-Baby View Post
                  Out of interest, did your tenant/boyfriend turn out OK ?
                  Hah! No, but nothing to do with the boyfriend - or not yet, at least...
                  Court papers get submitted this week...


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