Girlfriend moving in - rejected credit check?

manub

My girlfriend is planning to move in the flat I've been renting for 6 months now. The management agency said that she must be on the contract for living at the place (which is fair enough), and asked her to do a reference check. She didn't pass this check because she doesn't earn enough to cover half of the monthly rent. I told the agency that she's moving in but not paying any rent - but they still want a guarantor for her part of the rent, and they said that this guarantor can't be me (I also offered to sign a paper saying that I'm the only one liable for the rent payments). They said they're gonna get in touch with the landlord and let me know if that's possible.

I find it a bit strange, as I've been renting the place on my own and never been in any arrears with payments.

I'm not too sure whether they can do what they're doing or not? What would you do in my situation?

Thanks!

sandsni

Basically, if she's on the contract then she has to be in a position to meet the full rent in case you split up, leave, and she stays in the flat. Is there no way she could get a guarantor?

manub

She hasn't got family here in the UK, and honestly we don't want to bother friends with these financial matters.

Is it illegal to have her living at mine without having her on the contract?

pmlindyloo

You could ask the LL to have her as a permitted occupier.

Pemitted occupier have very few rights.

If this was allowed by the LL then you alone would be entirely responsible for the rent. You could not leave and ask your girlfriend to pay the rent as she would have no liability.

And this is why the LA and LL want her to be on the tenancy agreement so she has a liability for the rent, in case you left or lost you job etc etc.

Your landlord may allow this and he may not.

If he doesn't and you have a clause in your contract about no subletting then you will be in a difficult position.

I hope it all works out for you both.

sandsni

I don't think it's illegal, but depending on your tenancy agreement it might put you in breach (is there a limited number of occupants, anything about the length of time "guests" can stay?). Unfortunately, now your LA knows about your plans, they may insist on her being on the contract so they don't have problems later.

Fire_Fox

Permitted occupier is the way forward.

manub

Thanks - I told the LA I'm happy to sign a paper which says I'm the only liable to pay the rent. I would happily myself sign as her guarantor (that way even if something would happen they'd be ok and I have to pay...). Thing is, if they say no probably I'm just gonna tell them that if they want an external guarantor I'm likely to give notice and move out - don't like to come to ultimatums but I can't be bothered enough of fighting for such a thing...

jibbyboo

You have a vested interest and liability to the property at the moment anyway, so they would be looking for a third party to be her guarantor (probably: a home owner/ living in the uk/ earning in excess of £15k -depending on your rent/ good credit history).

They may also want her to be in a position to be liable for damage etc should that occur, therefore they would need to protect themselves by having her on the contract.

manub

But I said I'm happy to have her in without her being on the contract, and they say they don't want that...

Kayalana99

jibbyboo wrote: »

They may also want her to be in a position to be liable for damage etc should that occur, therefore they would need to protect themselves by having her on the contract.

Thats why they want her on it.

Its easier for you not to have her on it but its 10 times better for them for her to be on it as they can chase her for rent if you bail or any damages occur.

Its ok saying your happy for her not to be on it but the LL is taking a second person into the rented hosue...thus meaning extra damage is likey to occur (through more use or accidental damage I know it seems excessive but thats how they look at it)

If your lucky the LL might see reason though as your likey to move out if he doesn't and he'd have to find a new tennant...but its still up to him at the end of the day.

manub

In the end the LL had lots of common sense and agreed to put her on the contract stated I give him a written confirmation I'm the only one responsible for the rent. Thanks everybody for your suggestions!