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Tenancy Agreement
OneYorkshireLass
Posts: 3,166 Forumite
This is a hypothetical question ...
Two people are on a tenancy agreement. One person, person A, does not work. The second, person B works, does not live at the property and has never intended to do so. Person B does not pay any rent. The rent is paid by person C who is not named on the agreement.
The house advert stated No DSS and working persons only.
So the letting agent checked credit ratings and references of person A and person B and found person B both worked and had good references.
Question - how can the tenancy agreement be valid if the person named on the contract as being the 'breadwinner' (for want of a better term) has never lived there, nor ever had any intention of doing so?
Two people are on a tenancy agreement. One person, person A, does not work. The second, person B works, does not live at the property and has never intended to do so. Person B does not pay any rent. The rent is paid by person C who is not named on the agreement.
The house advert stated No DSS and working persons only.
So the letting agent checked credit ratings and references of person A and person B and found person B both worked and had good references.
Question - how can the tenancy agreement be valid if the person named on the contract as being the 'breadwinner' (for want of a better term) has never lived there, nor ever had any intention of doing so?
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Comments
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The tenancy agreement is valid if all parties have signed it. References become irrelevant once the tenancy agreement is signed.0
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Only two of the people have signed it. One of them being the person who fulfilled the requirements of No DSS and Working People Only, but this is the person who has never lived there, nor ever intended to.0
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OneYorkshireLass wrote: »Only two of the people have signed it. One of them being the person who fulfilled the requirements of No DSS and Working People Only, but this is the person who has never lived there, nor ever intended to.
So the two people who signed it are the tenants. They are entitled to live in the property and are responsible for the rent being paid. Why does it matter if rent is paid by a third party?
What's the real question?0 -
As stated above, the rest of this guff about who lives there or doesn't and who works or doesn't is of absolutely no consequence to the validity of the tenancy.
I do hope you're not planning to attempt to use this hypothetical garbage as a means of avoiding any legal responsibilities .0 -
So the two people who signed it are the tenants. They are entitled to live in the property and are responsible for the rent being paid. Why does it matter if rent is paid by a third party?
What's the real question?
No, the only person who could fulfill the NO DSS/Working Person Only arrangement is the person who does not live there and never has done0 -
As stated above, the rest of this guff about who lives there or doesn't and who works or doesn't is of absolutely no consequence to the validity of the tenancy.
I do hope you're not planning to attempt to use this hypothetical garbage as a means of avoiding any legal responsibilities .
Ha, no it's not me.
So anyone can sign a tenancy agreement (which fulfills requirements such as NO DSS) but never set foot in the house?
So there's little point to credit and reference checks then?0 -
Why are the people ON the agreement (who are working,) not living there
And are they paying the rent? if so, why are they not living there? If you - I mean the person living there and not working - are going to pay it? How do you/they propose to pay the rent???
I am suspecting this is some sneaky way of getting a tenancy without anybody in the household working. I smell a rat ...0 -
OneYorkshireLass wrote: »Ha, no it's not me.
So anyone can sign a tenancy agreement (which fulfills requirements such as NO DSS) but never set foot in the house?
So there's little point to credit and reference checks then?
There may be something in the small print that says people on the agreement have to live there... so be careful...0 -
Soleil_lune wrote: »Why are the people ON the agreement (who are working,) not living there And are they paying the rent? if so, why are they not living there? If you - I mean the person living there and not working - are going to pay it? How do you/they propose to pay the rent???
I am suspecting this is some sneaky way of getting a tenancy without anybody in the household working. I smell a rat ...
I believe the person paying the rent is a person that is not named on the tenancy. Presumably this person cannot get a tenancy for whatever reason ... bad credit, whatever.
I presume the person named on the tenancy who is working, but not living there is doing a favour for those who do live in the property.0 -
OneYorkshireLass wrote: »No, the only person who could fulfill the NO DSS/Working Person Only arrangement is the person who does not live there and never has done
No need to bold it, I read it the first time! The tenants are the people named on the tenancy agreement. If one has decided not to occupy it makes no difference and they can still be held liable for rent.0
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