2 issues - moving to a new rented flat

ceh209

My housemate and I are going to be moving to a new rented 2 bed flat in March (we haven't found one yet!) and I've got 2 issues I wanted to ask about...

The situation is that I will want to live in the flat for quite a while (hopefully a few years if it's nice enough). My housemate will be there for a short while - basically as long as it takes him to buy his first place. Then in approximately Sept this year, my boyfriend will be moving in with me.

Given this situation what do you think would be best to do with regards to who to put on the tenancy agreement and when? I'm assuming an initial 6 month AST, don't know about fixed term or periodic tenancy after that. I've talked with my housemate and we're willing to sign something between us if necessary so he'll guarantee i'm not paying rent on my own for too long.

Secondly, does anyone have advice on the best way to negotiate in the rental market at the moment? e.g. should we try a reduction in the rent, reduced/no agency fees, or something else?

Thanks in advance for your advice!

Jowo_2

Most landlords/agents will issue a joint tenancy agreement on a fixed term basis (a 6 month initial contract is common), making tenants jointly and severally liable.

You could ask for the tenancy to be in your sole name and ask for permission to sublet the second room to take in a lodger but many landlords will not be keen on that scenario. This means you'd have to be able to demonstrate you can pay the entire rent and any difficulties with the other lodger is entirely your problem to deal with.

Legally, a joint tenancy means it is irrelevant which tenant causes damage or arrears and so if one tenant stitches the other one up, its something for them to resolve and any arrangement tenants have with each other is nothing to do with them. The landlord will expect to receive full rent each month.

Have you thought about the real risks of having someone bail out on you quite early who doesn't show any inclination to pay in full until you've found a replacement? - they are actually obliged to pay the rent wether they are in occupation or not if the contract is valid.

If your friend reneges on your private arrangement, you risk paying their half of the rent for many months. Are you also aware that many landlords/agents charge steep admin fees to change tenants during a fixed term and don't actually have to agree with it, though many will consent so long as the tenants bear the full expense?

Would your friend also be expecting you to share in this expense, too, or be willing to pick up the full charge caused by their change in circumstance ? The following comment rings alarm bells to me because it sounds like you are expected to subsidise them when in fact you are doing them a great favour given their lack of commitment to a legally binding contract - "he'll guarantee i'm not paying rent on my own for too long".!! Charming.

If I were you, I'd think again about your exposure to this risk and consider getting a 1 bed flat which your boyfriend could move into with you in the autumn and let your friend sort out their own short-term accommodation with a landlord that offers short-term accommodation with a more flexible notice period. Or insist that they must pay their share in full if they can't find a replacement tenant and put the risk back onto them.

ceh209

He hasn't started looking for somewhere to buy yet so we're thinking it'll be the best part of 6 months anyway. He's more than happy to be on a 6 month AST even if he's not there for the entire time, then me and my boyfriend take it over after that. We're just trying to save agency fees if possible as they seem rather extortionate to us.

So do you think this is the best option to protect both of us, even if it's a slightly more expensive route in the long run?

The 'risk' you talk about doesn't seem that great to me. At 550-600pcm for a 1 bed flat, or 650-700pcm for a 2 bed, I know which I'd rather go for. I don't actually mind if he doesn't pay for a month or two, as my boyfriend might move in earlier anyway.

Have you thought about the real risks of having someone bail out on you quite early who doesn't show any inclination to pay in full until you've found a replacement? - they are actually obliged to pay the rent wether they are in occupation or not if the contract is valid.

Yes - this is exactly why we're moving out of our current place. We both intended to stay here until September, but our other housemate had other ideas. It's partly why we thought a private arrangement might help, since our tenancy agreement actually didn't.