What are legalities for all landlords signatures on tenancy agreement

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    What are legalities for all landlords signatures on tenancy agreement

    I HI.

    I have asked this question to so many people and looked through BTL t&c,s. I have looked through FCA/FSA and other sites and looked into unfair terms and conditions which I have approached financial ombudsman about. I have even spoken to a barrister, who still couldn't give me a straight answer.

    If two unmarried people or business rentals are put in place with tenants, as far as I can ascertain all tenants and all landlords have to sign.

    Why is this different if you are married. i.e. I have a BTL that I own, therefore I sign deals with my tenants.

    I also have another BTL which is jointly owned, equally with my husband. He has rented the house out without my knowledge to tenants I would not approve of. There does not seem to be anything anywhere that addresses the problem, except that if one part of a married couple sign they are presumed/assumed to be doing with the consent of their spouse

    What are the legal connotations to this.

    There is a lot more to this rental problem than just the question above but I want to get a possible answer to this first.

    Thanks for reading this a please answer me back if you have an answer.

    #2
    For an AST of initial fixed term of less than 3 years no written tenancy is rrequired,let alone worrying about any signatures: (different in Scotland).

    AFAIK being married, in civil partnership, divorced or not being able to stand the sight of the other joint landlord makes no difference to this.

    I understand only one of joint owners may/can agree a tenancy.

    Suggest you spend money and talk to a solicitor who handles BOTH family law and landlord/tenant.

    Sounds like the issues are mainly relationship related.

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Hi, Thanks for your reply. Yes it is a relationship issue now.

      Basically we were renting out our BTL and suddenly my husband rented to his son and girlfriend and her child. They had been made homeless because she had defrauded benefits by having cohabited while on benefits. Whilst I appreciate that my husband didn't like his son being homeless. They can not offer deposit, got free month rent while seeking benefits to pay (doesn't work) and they have moved in another tenant as well. Mortgage company put a restriction on the mortgage and have suggested I serve a section8 not only because of family in premises but also because they are known drug users. Neighbours have complained to me about the behaviour in house, ive just told them to contact council.

      My beef is that when I entered into a BTL with my husband it was my financial standing that got us the house and I am the "lead" mortgagee" How the council agreed the rental I just do not know, they do not even know I exist as agreement (written AST) does not have anything to do with me.

      Mortgage company are livid, but still take the money. There is a significant presumption that both mortgage holders have agreed to any renting of BTL. So a situation that I never would have envisaged and no protection for the owner.
      further to this while waiting to get rent I had to pay mortgage to stop the house being repossessed, and since rent has been paid my husband (who I hasten to add will soon be my x) has taken all the rent.
      What is also significant is that in divorce law judge does not have the slightest interest in the situation. He/she will probably just award him the house. However, mortgage company has said they will not accept his behaviour as good enough to transfer to his name. So my situation could happen to anyone!!!

      Comment

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