Joint tenancy question

tbs624 · 21 June 2009 at 11:55PM

Jowo wrote: »

... To put it simply, there may be 2 people in the tenancy but legally there is just a single tenant – a landlord doesn’t have to pursue the person who is responsible for any damage or rent arrears, any signatory on the agreement will do.

My highlighting. If you want to " put it simply" , when there are two people on the tenancy agreement legally there are two tenants who may be pursued for rent etc, either together (jointly) or as individuals (severally).

Jowo wrote: »

If your income means you can’t past a particular test of affordability, its worth having a think about the risk of going ahead and the financial risk you expose to the person you’ve asked to pretend to live there.

You perhaps need to re-check what Suzy says, as it doesn't sound as though she has asked her former partner to "pretend to live there" :

SuzySu wrote: »

There were two names on my lease for the past year, but my partner never actually moved in - we separated due to financial difficulties (among other things) so I have been covering the rent on my own anyway. Now the lease is up for renewal I just want my name on so I can hopefully claim LHA and single person's council tax, neither of which I have been claiming.

(My highlighting)

Jowo wrote: »

..Have you any savings for the even that the local council takes several months to process your claim?..

It does not take "several months" to process a claim for LHA.

Jowo wrote: »

“why not get a signed statement from the other ex-tenant saying that he has moved on .......”

Not sure that this has much effect in terms of him surrendering the tenancy, though perhaps it could keep the council happy, because this is something that is to be done with the landlord.

Clutton is an experienced LL who has tenants who claim LHA - my reading of her suggestion was that she meant this purely for the Council's purposes, and the Council would in any event make their own enquiries

silvercar · 22 June 2009 at 9:35AM

I wouldn't worry too much about the lender not being happy with a tenant on benefit. Firstly, the tenant wasn't referred by the DSS; which makes a difference in some lenders and insurer's eyes. Secondly, the tenant is already in place and to evict someone because they claim benefit would be discriminatory and in breach of the tenancy agreement, so I doubt that a lender can enforce that. Thirdly, everyone in the land with children claims child benefit, many also claim working tax credits, so in one sense we are all benefit claimants.