Should I include tenant’s partner on the tenancy agreement?

Should I include tenant’s partner on the tenancy agreement?

9:24 AM, 9th August 2024, About 4 months ago 7

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Hi, in need of some advice. I rent out a flat in a university town, very often to international students.

I have an international student arriving in September who will be paying 6 months’ rent in advance (for the initial tenancy of six months which will be renewed all being well). My only concern is that her British boyfriend is joining her and I have some niggling concerns about him due to something I found out about him on social media.

My concern is that if after the initial six-month let he proves to be difficult, and being mindful of increased tenancy rights under new legislation, I might find myself in a difficult situation i.e. non payment of rent etc. Would it be better if he was omitted from the tenancy agreement?

What rights would he have in this situation?

Thanks,

Helen


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Graham Bowcock

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10:54 AM, 9th August 2024, About 4 months ago

There's a bit to unpick here.

In general it's good to get any adult living in the property named on the tenancy agreement. That way you have a contract with them. If you only named the girl and she vacates, leaving boyfriend in place, it will be harder to deal with.

You will need to do right to rent and I suggest you reference him properly.

Of course, if you think he's going to be there anyway and you're not happy, maybe pull out now?

Ian Narbeth

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11:11 AM, 9th August 2024, About 4 months ago

I agree with Graham and make sure the tenancy includes a clause that they are jointly and severally liable for the rent and to perform all the covenants in the lease.

Phil rosenberg

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11:14 AM, 9th August 2024, About 4 months ago

Yes

Your insurance and mortgage probably require it.

If he's not on the tenancy, you can't chase him for rent or repairs - you're relying on chasing the tenant only.

A tenency agreement is entered into jointly and severally. When one tenant wants to leave the only way they can do so is to end the whole tenancy. Notice from one tenant ends the tenancy for all tenants.

So, if after 6 months she wants to move out, her notice will end the tenancy for her and her boyfriend and you will be able to chase both of them for missed rent or costs of damages if you choose.

Marlena Topple

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11:20 AM, 9th August 2024, About 4 months ago

If you are prepared to allow him to live at the property then he should be included on the lease. He should be subject to all normal referencing and checks. I personally would not rent to anyone I had concerns about particularly in the current climate. In addition unless he is a student, the property becomes liable for Council Tax if a non student lives there although you might be eligible for a 25% exemption for her. That would need checking.

A fedup landlord

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13:57 PM, 11th August 2024, About 4 months ago

If you are worried that he is not going to pay rent after initial 6 months, I would say Do NOT include him on your tenancy. This way, when the girl leaves, he will have to leave as well, he will have no tenant rights. As increased tenants right, it's very difficult to evict a tenant. I would say Do NOT let them in at all if you have anything in doubt. I have recently evicted my tenants, it took the court over 6months to get a decision, Bailiff services is so packed up, I was told the bailiff services have a 17 weeks waiting time. The high court is also packed, to transfer from county court to high court, the hearing was scheduled in Jan next year. My tenants' adult daughters were living with them at the time of eviction, they were not on the tenancy agreement, my solicitor was telling me they were count as part and parcel, when parents leave , they will have to go, otherwise, it counts as trespassing. My court paper includes only tenants on the agreement.

Fed-up Landlord

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14:11 PM, 11th August 2024, About 4 months ago

If you have any doubts whatsoever, find a different tenant. Trust your instincts.
In today's market, we can be choosy over who we pick, and those prospective tenants must tick all your boxes and have impeccable references, including guarantors

Mark Cairns

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9:24 AM, 12th August 2024, About 4 months ago

Reply to the comment left by Fed-up Landlord at 11/08/2024 - 14:11
Can only echo what the others have said. Best to reach a risk-assessed decision BEFORE you decide to rent to this person.

I don’t know where exactly in the country you are, but thanks to the long-ongoing exodus of small landlords initiated by Osborne and carried on by following governments, as long as you’re at market rent, in most places an LL can pick and choose whom we want to rent to, so use that to your benefit.

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