Put both occupants on a tenancy agreement?

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

    Put both occupants on a tenancy agreement?

    Hi all

    I've a flat I'm looking to let out, and I know the couple that want it. They've requested that everything be put in just the guy's name (tenancy agreement, bills) for reasons not yet fully disclosed. I don't mind so much what the reasons are; they're a decent pair and not the sort that would be asking for underhand reasons. My concern with such an arrangement is that if they split, and he moved out and ceased paying the rent, I think it might then make it messy and difficult to remove her from the flat, though I do wonder, if her name is on nothing and there's no documentary indication that she's ever been there, what would happen if I just piled up her stuff outside and changed the locks?

    What's the best course of action in such cases? Sign them both up or just the one of them?

    #2
    Both on the tenancy means you have both to chase for rent arrears, damage costs etc, and both to sue if money is not forthcoming.

    I assume you planning to credit check and financially vet them - or atleast him if you only put tenancy in his name?

    My suspicion would be that she has defaults or credit issues she doesn't want to divuldge, so by putting his name on the tenancy, she is hoping you will not dig further.

    You would still be able to remove her, as an un-named tenant, although turning up and chucking her stuff in the street is not the way to do it ...

    Comment


      #3
      Originally posted by overweightlemon View Post
      I've a flat I'm looking to let out, and I know the couple that want it. They've requested that everything be put in just the guy's name (tenancy agreement, bills) for reasons not yet fully disclosed.
      First warning signal. What's the 'story'? Does it add up?

      I don't mind so much what the reasons are
      You ought to mind. What is immediately dodgy is the failure to give a reason why the woman can't be a joint T.

      they're a decent pair and not the sort that would be asking for underhand reasons.
      Of course not.

      My concern with such an arrangement is that if they split, and he moved out and ceased paying the rent, I think it might then make it messy and difficult to remove her from the flat,
      But, er, how could this happen when they're such a decent pair and not the sort?

      though I do wonder, if her name is on nothing and there's no documentary indication that she's ever been there, what would happen if I just piled up her stuff outside and changed the locks?
      Even if she wasn't your legal tenant, she'd still be a guest of your legal tenant and you would have no right whatsoever to turf her out without a court order. Worst case scenario, if you did what you're asking, is a criminal prosecution.

      Comment


        #4
        Seems to be quite a common issue. Presumably the 'silent' applicant will either have a poor credit history or too low an income (any income, maybe?) to pass a credit check.

        Bear in mind that if you take them both on and then end up in your worst-case scenario of him moving out and her being left behind not paying rent, then you can still chase the departing tenant for rent. So as far as I can see and am aware, there's nothing to be lost by putting her on the agreement even if she fails the credit check (assuming that's why she doesn't want to be a named tenant); it just gives you another body optionally to chase for potential rent arrears in the future.

        But I'd certainly explore further and definitely find out the reason for the reticence.

        Comment

        Latest Activity

        Collapse

        Working...
        X