What type of tenancy?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • What type of tenancy?

    Hello,

    I would have posted this on the letting agents section but no one ever seems to look there and i could do with an answer on this asap.

    If you let a flat to someone who will have their rent paid by someone else what type of agreement do you use?

    Basically, this lady is having her house refurbished by her current landlord and he will pay for his tenant to be rehomed in that time.

    I'm thinking i use an AST, make the landlord the responsible party and add the "tenant" in as an occupier?

    Or a company let? I'm confused...HELP

  • #2
    I would say the tenant is your tenant and you have an AST.
    She pays the rent and gets reimbursed by her other landlord.

    This way it's simple and she has the same duties and rights with you as any other tenant.

    Comment


    • #3
      But....

      But she is a protected tenant currently, and she is retired and can't afford to pay the rent first and be reimbursed by the Landlord. Plus, he is the one who will put down the deposit and pay the rent and be laible. Surely i can't put her as the tenant as she can't be held responsible for the rent? Also, we won't be referencing her, just the landlord.

      I can see what you are saying, but if there are any problems won't a court wonder why i made her the tenant when she has no liability?

      Comment


      • #4
        I'm not an expert but wouldn't the solution to this problem be that the landlord acts as a guarantor ?

        The tenant is named on the AST as your tenant, her LL is the guarantor (you reference him), and because the tenant can't pay her guarantor does for her.
        A bit like some parents pay for their student children.

        Comment


        • #5
          Think it through!

          The landlord of the protected tenancy could become the "tenant" in this situation but NOT under an AST (if it were, it would have to be the tenant's main home, which it isn't); the protected tenant of this property could become a licensed occupier as Jennifer states, but that's not really the best way (see below).

          If the protected tenant took a new AST it could prejudice her claim to repossess her protected tenanted property as it would have to become her main home, and she could be relinquishing this right by taking another lease. A court however, would not uphold any attempt by the landlord to repossess the original home as that would be a clear breach of her rights under the 1977 Rent Act, even if she were to be mistakenly offered an AST.

          Also as tenant of the substitute property on an AST she might be tied-in for 6 months which could be too long, yet with a tenancy at common law there is no minimum, or indeed, maximum period.

          The answer probably is for the tenant to take a periodic tenancy at common law on a month-by-month or week by week basis, with the landlord of the protected tenancy acting as guarantor. You could also create a joint tenancy if necessary, between her current landlord and herself, even though there would be only one occupant, which would obviate the need for a guarantor.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment

          Latest Activity

          Collapse

          • This is a NO isn't it? Seems iffy to me, what do you think?
            Berlingogirl
            This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.



            "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
            27-07-2017, 13:57 PM
          • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
            Berlingogirl
            I'm trying to , jta, but I think he knows I know....
            27-07-2017, 20:16 PM
          • Extremely anti-social and criminal tenant -Section 8
            BouwensPB
            I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
            26-07-2017, 16:09 PM
          • Reply to Extremely anti-social and criminal tenant -Section 8
            Wright76
            You are also aware you are now liable to pay her a penalty of up three times the deposit value?.

            My experience of a drug addict is that they will leave with a financial offering.

            Strike a deal taking into account your likely penalty and eviction costs and offer her an amount...
            27-07-2017, 19:10 PM
          • Reply to Extremely anti-social and criminal tenant -Section 8
            theartfullodger
            Check insurance for what you must do knowing what you do....
            27-07-2017, 19:00 PM
          • Tips for making a good impression when meeting a landlord
            purpleangel
            Our potential new landlady has 'approved us in principle' but wants to meet us at the house as the final part in the referencing process. Beside the obvious such as look smart, tidy and professional and warn the kids to behave, any particular tips for making sure this last hurdle goes smoothly?
            26-07-2017, 10:11 AM
          • Reply to Tips for making a good impression when meeting a landlord
            Wright76
            Some of the above comments are crazy!. If they have aleady done their referencing and credit checks then they likely just want to meet you.

            As someone said above, they are trusting you with their very valuable asset.

            As a landlord I couldn't care less what clothes someone...
            27-07-2017, 19:00 PM
          • Landlord Address
            bsward
            Hello,

            Tenancy finished a couple of months ago. The landlord withheld part of the deposit for a variety of reasons. As the tenant, I disputed those deductions as incorrect - they contradict the Checkout Report which was completed by an agent of the Landlord but that's besides the point....
            27-07-2017, 09:58 AM
          • Reply to Landlord Address
            theartfullodger
            As the tenancy has finished you have no right to his address from agent.

            Have you spent £3 with land registry to get deeds of property & see who is listed as owner & what address?? (Landlord may not be owner... legal, no very uncommon...)
            https://www.gov.uk/search-propert...
            27-07-2017, 18:59 PM
          • Tenant's energy debt.
            Gordonmrln
            I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
            20-07-2017, 22:08 PM
          Working...
          X