Dependent living at same rental - charged to resign agreement

toastiest

Hi

My bf is currently unemployed and has moved in with me. I am pretty sure that the letting agents were aware from the beginning and as have resigned for another 12 months recently and we could have amended the documents at the time if I'd known.

Now they want to charge £50 to redo the contract.

Does it matter that all my names are on the bills and I am the person who is 100% liable to pay the bills? They were happy with my ability to pay etc.

He does not have much of a credit history and would have no ability to pay any rent if anything happened right now so I don't see the benefit of having him legally bound. They said they just didn't know who he was etc I'm happy to give those details but to be charged for this? They didn't even want to do a credit check on him when I spoke just to put his name on the contract.

Your advice would be much appreciated.

Many thanks,
Esme

taxsaver

There is no need to add him to the contract. You have a 12 month contract which they can not change without your agreement, so as long as you keep paying the rent then there is nothing they can do until the 12 months are up.

When renewal falls due they might then want to add him, but you can cross that bridge when you get to it.

Benji

In general terms, you have a tenancy on the property for the next X months and they can not force you to surrender that tenancy (so that you can sign a new joint one) without a court order.

However, what does your agreement say about having anyone else in the property? Even if it says you can't, the above applies - BUT - there is a slight chance that they could evict you under section 8 (ground 12) of the 1988 Housing Act. Such an eviction would have to go before a judge who would have to decide if your 'breach of contract' was enough to warrant making you homeless. I suspect a judge would decide not. I also suspect the landlord/agent would suspect not and would not even bother with the paperwork/cost of such an application to the court.

So, that's the 'rights' side of things. However, at the end of your current contact, the landlord/agent may decide they don't want 'awkward' tenants and not renew the tenancy agreement - leading to eviction.

I would lay odds that the agent has contacted you over this because they see a nice big fee - not in the interests of the landlord. Contact the landlord and sound out his feelings about this fee. If he isn't bothered, then you are relatively safe because the agent can't commence eviction action without the landlords permission.

If you don't know the landlords details, ask for them in writing under section 1 of the 1985 Landlord and Tenant Act.