Joint Landlord Tenancy Agreement necessary

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    Joint Landlord Tenancy Agreement necessary

    Daughter and husband have split. We want to rent out the house which is in joint name. Husband is refusing to sign Landlord Tenancy agreement. Can my daughter still rent out the house to mitigate losses as at the moment she is renting elsewhere and the renovations have cost a lot and she needs to recover monies to pay back loans.
    Does he have to sign the agreement or can she do it only( Deeds are in both name along with the mortgage) Or can we not have an agreement from her side.

    #2
    Unclear who is renting what from whom.
    Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters

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      #3
      Assuming your mean daughter & hubbie joint own and can only one sign tenancy renting the place out, the answer is yes,....
      http://www.landlordlawblog.co.uk/201...day-6-parties/
      ....................People sometimes get very concerned where the freehold ownership of land is in joint names and only one of the owners is listed as landlord. However one of joint owners has the power to rent out the property on behalf of both owners. So this is not a problem and does not (as some tenants hopefully suggest) mean that the tenancy is illegal and they don’t have to pay any rent!
      - but clearly better to have both sort it: And agree split of income (tax), insurance details, clearing it with mortgage company etc etc etc..

      And have either or both any idea of what the legal requirements are & can the cope, financially AND emotionally, with the "tenant from hell" or the "agent from hell".....and will they like 'phone calls at 10:37pm Saturday evening about the leaking toilet?? (Yes, tenant is entitled to actual, real, address of landlord..)
      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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        #4
        Do the mortgage conditions permit letting?

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          #5
          While the daughter can rent out the property without her husband being involved at all, she probably shouldn't rent it out if the husband doesn't want it rented at all.
          If he's OK about it being rented but simply doesn't want to be involved - he should (at very least) confirm that in writing and that she can have all the income.

          You can't rent it without the mortgage lender's permission.

          If the property is leasehold, there may be further restrictions.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Maybe, from his perspective, that "we" who want to rent out his house, his home, is acting as though it wants to take his property away from him, or at least his control of assets he is joint owner of.

            Why are you involved? Why can't they sort it out themselves?

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              #7
              I'm amazed one co-owner is allowed to do anything with the property without the consent of the other. One of the ex-couple certainly can't sell the place without the other's agreement or a court order. Whilst renting is not as final as selling, in practice it has a similar effect. By granting a T an AST, she is effectively prohibiting her ex from using the property he owns. The most he could legitimately do is access it as a LL with due notice, etc....and that's presumably only if he were named as a landlord?

              A friends of ours was in a similar situation - wanted to take in two lodgers to help make ends meet in her huge (ex marital) home when husband left her - and solicitor advised she couldn't, without ex husband's consent, or going to court. How is OP's situation different?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #8
                Daughter want to rent her house to tenants found through an agent.
                Agent has raised tenancy agreement in joint names of my daughter and ex husband( as deeds still in both names)
                Husband not signing the TA, can my daughter ask agent to raise the TA in her name only.

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                  #9
                  The problem is that it's not "her" house, its "their" house.
                  Depending on how it's owned, he could demand a share of the income (named on the lease or not).

                  I would get some professional legal advice, not from the agent!
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    I'm amazed one co-owner is allowed to do anything with the property without the consent of the other...............
                    Think they need consent but at issue is does there need to be both signatures & names on tenancy (no...)
                    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...

                    Comment

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