Landlords - a quick question from a tenant...

Jo_R_2

We've not long moved into a rented house (beginning of October 2006.) The tenancy is in joint names through an agency and initially there was some doubt as to whether we'd be able to get the house as the agency weren't sure whether our income would be sufficient to cover rent and outgoings as I had a couple of bank charges on my bank statements. Although it is a joint tenancy, I am the main earner as my partner is a full-time student and only has a part-time job, so essentially the bank statements they considered were mine as I handle all the incomings and outgoings except partner's student loan.

Anyway after going through our finances with them and explaining the shortfall was due to me being on maternity pay and would balance out on my imminent return to work, they were fine, the landlord okayed it and we moved in. No problems since, landlord great, really quick off the mark with a few bits and bobs that needed doing.

Anyhow "partner" is soon to be ex, and so is moving out... Out of courtesy I was going to give the landlord a call to explain the situation, having done my sums I know I can afford to stay on, though it will be tight, and I can claim a small amount of housing benefit if I wished to go towards the rent. However with the initial doubt over whether we'd get the house, I'm wondering what might happen. Could the landlord ask me to move out? He seems like a decent chap but obviously it's a business for him, and I'm not in the business of trying to be deceptive over the names on the tenancy - I just want everything to be upfront and honest.

Any advice?

Alleycat

It would really depend on when your tenancy agreement is due to expire. If you are on a fixed term, your landlord could not issue notice until two months prior to the end of the tenancy. If you are on a 12 month fixed term, this would hopefully give you enough time to prove to him that you are able to pay the rent regularly with no late periods etc.

Best thing to do would be to give him or her a ring and discuss the situation. If you are on a 6 month contract, they may agree to extend by a further 6 rather than 12 months, just to be on the safe side. Alternatively, if you have anyone who could act as a guarantor you could suggest this.

thesaint

The landlord can issue an eviction order at anytime during the fixed term to coincide with the end of the fixed term as long as he gives at least two months notice.

I would only advise the landlord of your soon to be ex leaving if it is of advantage to yourself. I don't immediately see of any benefit of doing so.
What if he wants fees to re-issue another tenancy agreement?

lady_noluck

If you were my tenant and there had been no problems with the tenancy then I wouldn't have a problem with you staying on. I think you should let him know. If he's a decent guy and you can prove you can afford it I don't see why he'd want you to leave. Good luck!!

silvercar

your landlord shouldn't have a problem as your ex is still jointly liable for the rent even if he moves out.

scrummy_mummy_2

If I was the LL I would be fine with you staying, but there may be some implications with your ex staying on the tenancy agreement....if he moves out he would still be liable for the rent (jointly and severally) and this may (don't know???) affect your claims for any benefits???
If you had an AST for say 6 months when you moved in, if you wish to stay the LL could let it lapse into a periodic and the main terms of the agreement still apply.....this means your ex still has legal tenancy rights at the property.
Alternatively.....
If I was your LL, I would issue another fixed term for a period of 6 months (if I was happy you along could and would pay the rent!) in JUST your name.
The the tenancy is soley yours.
Also...you may wish to consider your deposit...if he is on the tenancy agreement currently, he is also jointly and severally liable for the deposit...technically, if he goes to the agent/LL and demands it be repaid when he comes of the agreement, they have to do it...they are not responsible for where the deposit money comes from and will have to act within what is lawful and that menas if one says 'repay' they will and you will have to find your 'own' deposit.
Had this happen to me...checked with the NLA (Landlord's Association) and had to repay the deposit to the tenant who stayed when HE asked for it and moved out. The ex didn't ask for it and was livid when she said 80% belonged to her and I'd repaid it to him....she would have had to take him to court to get it back as I did what was expected of me by the law.

Good luck

wiggly

when I rang to enquire about this a few months ago (we made up though!) our agents said it wasn't a problem and they would re-issue the agreement with my name on

Gorgeous_George

Jo_R

Don't worry, your LL would not have reasonable grounds to evict you. He needs to know as it may affect his insurance.

If you are entitled to HB, claim it. Again, this may affect your LL's insurance but I don't think that he would evict you.



GG

Jo_R_2

It's a 12-month contract. Had no problems paying rent, everything been fine so far.

Some good points been brought up. Hadn't thought about the deposit situation mentioned by scrummy mummy - it's pretty much all mine, and whilst I would hate for him to go and claim it, I know he wouldn't do that, it's all very amicable between us.

I would prefer for the tenancy to just be in my name to straighten up any loose ends. As I said, I would prefer to be upfront but wanted to know what the implications of this may be, particularly as I have two young children to consider. I was also unsure of whether to claim HB or not under the circumstances as I don't want it to appear that I may not be able to manage otherwise iyswim?

thesaint

Your Landlord would not necessarily know that you are claiming Housing Benefit, so I wouldn't let this sway your decision to claim it or not.