Have we got ourselves in a mess already? Two bed flatshare - one name on contract

Idiophreak

Angelicdevil wrote: »

Are you *really* a law graduate?!

Shocking.

I know....shocking...I can remember people being shocked when I was a computer science graduate but still couldn't fix their computer...

hellokitty08

Are you sure they didnt say you friend would be lead tenant and you a permitted occupier?

Cycrow

Idiophreak wrote: »

I know....shocking...I can remember people being shocked when I was a computer science graduate but still couldn't fix their computer...

i knew someone who had a masters in computer programming, but couldn't program to save his life

Idiophreak

Cycrow wrote: »

i knew someone who had a masters in computer programming, but couldn't program to save his life

Ah, well that's a slightly different issue - I know plenty of those, too

Either way, I think it's fair to say that having a degree in a subject is no guarantee that you have expert knowledge of ever aspect of that subject.

zzzLazyDaisy

No but bearing in mind that property law is a compulsory subject in a law degree (as is contract law and criminal law) OP really should know the difference between 'tenant', 'sub-tenant', and 'lodger', and the essentials of basic contract law.

Supadupa

I'm in Scotland so the law may be slightly different but....

in my lease agreement my husband is the lead tenant and I am named on the lease as a 'Permitted Occupant.'

In our previous tenancy agreement we were both named as joint tenants.

I may be cynical but I think the reason is that when we signed the first agreement, the agency were allowed to charge us referencing fees and were therefore insistent we were joint tenants so they could charge us both the referencing fee. When we moved the law had changed and they were no longer allowed to charge referencing fees so suddenly only one of us should be referenced and the other should be a 'Permitted Occupant' - less work for them and since they are not getting paid for it this time there's no incentive for extra referencing.

So to answer your question I don't believe there's anything dodgy in it. It may be the case that you don't have tenancy rights but at the same time you are not legally bound to pay the rent so if your friend defaults on payments then you may be evicted with your friend but they won't be chasing you for the unpaid rent.

Hope that helps.

t0rt0ise

What about the fact that the tenant is taking a lodger and therefore should pay tax on what the lodger pays her?

zzzLazyDaisy

t0rt0ise wrote: »

What about the fact that the tenant is taking a lodger and therefore should pay tax on what the lodger pays her?

Under the rent-a-room scheme a lodger can pay up to £4250, which is tax free and does not have to be declared.

http://www.hmrc.gov.uk/manuals/pimmanual/pim4001.htm

Whether that is enough to cover half the rent will depend on whereabouts in the country the accommodation is located.

Idiophreak

zzzLazyDaisy wrote: »

Under the rent-a-room scheme a lodger can pay up to £4250, which is tax free and does not have to be declared.

http://www.hmrc.gov.uk/manuals/pimmanual/pim4001.htm

Whether that is enough to cover half the rent will depend on whereabouts in the country the accommodation is located.

Rent is 1300, see OP, so £650 month from OP - too much.

ValHaller

helpmeimagraduate wrote: »

I guess most importantly I want to know whether there is anything criminally illegal about any of this? One of my friends said that they did the same thing last year (just moved in without a contract as a lodger) and they said that it is an illegal tenancy. Is it only illegal if the landlord never gave permission to have a lodger?

illegal? criminal? people up in court and jailed for giving a tenancy to one person when 2 people are scheduled move in? you jailed for being an illegal tenant?

Go back to your institute of learning and ask for your money back