Advice Needed - Estate Agent saying I am in breach of contract because my partner has

eva16006159

Good afternoon,

I am really hoping one of you can help me, I recently moved into a new rented property and paid the application fees of £65 and the contract fee of £85 to the estate agent. I have also paid £1200 for first month rent and Deposit. My partner has now moved in with me and I mentioned it to the Landlord in passing, now the estate agent is telling me I am in breach on my contract unless I pay applications fees for my partner as well.

Is this true? I do not need my partners name on the contract and surely while I rent the property as long as I look after it I can have whoever I want there?

Thankyou in advance for any help offered.

Fire_Fox

Your partner should either to be named on the tenancy agreement or be recorded as a permitted occupant: this is to protect the landlord if you need to be evicted and may be necessary for insurance purposes. What does your AST say about guests or permitted occupants?

eva16006159

Im going to check my AST when I get home later. Is it fair that I pay further application fees? Surely if my partner isnt named on the tenency agreement then they have no rights on eviction, as if they were a guest?

C_Mababejive

I have no idea about the technicalities of this except to say that application fees,credit check fees and contract fees charged by agencies are just rip offs.

Fire_Fox

jamesevans25 wrote: »

Im going to check my AST when I get home later. Is it fair that I pay further application fees? Surely if my partner isnt named on the tenency agreement then they have no rights on eviction, as if they were a guest?

A guest and a resident are two different entities. An adult resident would need to be evicted, a guest would merely be invited to leave. You have presumably provided your girlfriend with a key behind the back of the landlord, this may be breaching his insurance policy.

Given that you have only just paid the first month's rent, my guess is you were trying to evade the application fees for your partner and you have been rumbled. In that case of course it is 'fair' you pay what is owed! Whether it is legal to charge a second application fee partially depends on the wording of the contract you signed.

clutton_2

if you move out will your partner pay the rent ? of course not - he has no legal contract to do so.. that is why he must go onto the tenancy agreement - and why he must pay application fees etc....

eva16006159

C_Mababejive wrote: »

I have no idea about the technicalities of this except to say that application fees,credit check fees and contract fees charged by agencies are just rip offs.

I couldnt agree more which is why I am loathe to pay for an extra application.

eva16006159

If I move out then the contract ends, It would not pass onto my girlfriend because she doesnt pay the rent now. I still cant see why when I have a agreed a contract and paid the fees I should pay more fees for someone who will not be involved in paying the rent.

eva16006159

Fire_Fox wrote: »

A guest and a resident are two different entities. An adult resident would need to be evicted, a guest would merely be invited to leave. You have presumably provided your girlfriend with a key behind the back of the landlord, this may be breaching his insurance policy.

Given that you have only just paid the first month's rent, my guess is you were trying to evade the application fees for your partner and you have been rumbled. In that case of course it is 'fair' you pay what is owed! Whether it is legal to charge a second application fee partially depends on the wording of the contract you signed.

Actually no you are wrong, I havent just paid the rent and deposit I paid it 3 months ago at which point we were waiting to hear if my girlfriend had got a job in this area or not.

moromir

Its not a matter of whether you feel you need her name on the tenancy agreement. The Landlord would be foolish to allow your girlfriend to remain in residence without having her on the tenancy agreement.

Someone has already mentioned it but you have very probably just caused your Landlord to void any right to let agreement with his mortgage company, his rent guarantee insurance and/or his buildings insurance (including legal assistance) since most of these specify that all tenants in residence must be properly vetted and appear on the tenancy agreement.

I'm not to hot on eviction legislation but say hypothetically you left the property for whatever reason and left her in residence, and out of spite she refused to pay the rent, I'm pretty darn sure its not as simple as the Landlord 'asking her to leave', she has rights at this point, meanwhile the Landlord is left with a property he can't rent and running up legal bills left right and centre (because you voided his insurance by letting her stay there in the first place).

And lastly your current attitude will be ringing alarm bells ring with the Agent as it will appear to them you have (attempted to) conceal(ed) additional tenants and they're going to start wondering how long it will be till you move your Dodgy-Uncle-Richard-With-A-CCJ and his dog in as well.

With all due respect, its highly likely you breached your tenancy agreement. If you like the place, suck it up and pay the referencing fee. If you don't, continue with your current stance and its likely that the Landlord serve you with a Section 21 at the earliest opportunity.

Fire_Fox

jamesevans25 wrote: »

If I move out then the contract ends, It would not pass onto my girlfriend because she doesnt pay the rent now. I still cant see why when I have a agreed a contract and paid the fees I should pay more fees for someone who will not be involved in paying the rent.

(a) I have already suggested permitted occupancy
(b) if anyone has to pay fees it will be your girlfriend not you
(c) which part of "this is to protect the landlord if you need to be evicted and may be necessary for insurance purposes" did you not understand?