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Question about Tenancy Agreement

gazfocus
gazfocus Posts: 2,466 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 10 September 2009 at 9:08PM in House buying, renting & selling
I have got a rented house and since I moved in, my fiance has moved in. We have been talking and would like her to be named on the tenancy agreement. The current tenancy is up in November and subject to some repairs being completed, we would like to renew the agreement. Should I then be able to have her added to the tenancy agreement? What does it involve?

Also, is there a minimum age limit? My fiance is 17 but will be 18 in January. Will I have to wait til she's 18 before I can add her to the tenancy? Will I be able to add her mid tenancy?

Thanks in advance.

Comments

  • Geenie
    Geenie Posts: 1,213 Forumite
    OP, you don't state if you let through a private LL or with a Letting Agent, but either way, your partner may well be credit checked and you will be charged for this by a LA for sure? If your other half has already moved in full time, then you probably should have told your LL's anyway, as your AST may state that you alone are the only one allowed to live full time in the property.

    Her age is not a problem, but her earning capacity might be, as if she is put on the AST, she has to show that she can pay the rent and any costs if you decide not to and disappear. I can't see this being allowed without a guarantor in place for her.

    Good luck OP. You sound like a sensible person wishing to do things right.

    17 year olds can and are put on tenancy agreements, so this is not a problem.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    edited 10 September 2009 at 9:40PM
    My understanding is that many landlords believe that for legal reasons minors cannot hold tenancies and are reluctant to have them on an agreement. Generally a contract is not valid for those under 18.

    According to Shelter this is a misconception and here's their advice.

    http://england.shelter.org.uk/professional_resources/policy_library/policy_library_folder/tenancies_for_minors
  • chewmylegoff
    chewmylegoff Posts: 11,466 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Geenie wrote: »
    OP, you don't state if you let through a private LL or with a Letting Agent, but either way, your partner may well be credit checked and you will be charged for this by a LA for sure? If your other half has already moved in full time, then you probably should have told your LL's anyway, as your AST may state that you alone are the only one allowed to live full time in the property.

    Her age is not a problem, but her earning capacity might be, as if she is put on the AST, she has to show that she can pay the rent and any costs if you decide not to and disappear. I can't see this being allowed without a guarantor in place for her.

    Good luck OP. You sound like a sensible person wishing to do things right.

    joint tenants are jointly and severally liable for the full rent, therefore if the OP was ok to rent the property on his own and his circumstances haven't changed i wouldn't have thought that there would actually be a problem - if she doesn't pay, he is liable for 100% of the rent.

    at least - when i was in a shared house with 2 others, the letting agent only wanted to know that our combined incomes were at least 2.5x the rent. they didn't assess whether each of us individually had an income of at least 2.5x one third of the rent.

    obviously if it is a letting agent they will want to charge some fees to credit check her and reference her even if her ability to pay the rent isn't relevant.
  • Geenie
    Geenie Posts: 1,213 Forumite
    joint tenants are jointly and severally liable for the full rent, therefore if the OP was ok to rent the property on his own and his circumstances haven't changed i wouldn't have thought that there would actually be a problem - if she doesn't pay, he is liable for 100% of the rent.

    The circumstances have changed. There are now 2 people living in the house not 1 as originally let.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • Geenie wrote: »
    The circumstances have changed. There are now 2 people living in the house not 1 as originally let.

    financial circumstances.
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