Legal question

Guest101

Question, which I'm fairly sure I know the answer to.

If I were to move into my girlfriends rented home. But did not choose to be named on the tenancy, for various reasons. What is her legal obligation?

I'm aware that certain consent to let ( not applicable here ) requires the ll to inform them if occupies, similarly some insurance clauses do too. We plan to tell the ll anyway, but what other obligations are there?

We realise about s21 as a possibility, but frankly the agents don't deserve the extra money. So what other things should we be aware of?

As far as I'm aware I'd be classed as a guest or a lodger, which she's entitled to have, as she has legal posession.

Council tax will be notified, and there's no housing benefit ( universal credit ).

I ask because the agents have said 'we'll know if someone else moves in'.

G_M

It is probobly not permitted by the tenancy agreement, but as you have not quoted it, I cannot be sure.

Your legal status would be 'Excluded Occupier' - I assume you'd be paying rent to your[STRIKE] landlady[/STRIKE] girlfriend?

She would have to declare the income unless it complies with the Rent a Room Scheme

Guest101

Sorry don't have it to hand to quote but I believe it states not to assign or sublet the property. I presume if it is not allowed by the Ta, it would therefore be a s8 notice possibility? We will be telling the ll anyway.

It works out at almost exactly the boundary for the rent a room scheme.

BitterAndTwisted

By moving in with her she would not be assigning the lease or subletting as long as she continues to live there herself.

As far as I know a Section 8 Notice doesn't cover someone living there who is not on the tenancy agreement.

I'd suggest asking the landlord rather than telling them.

G_M

BitterAndTwisted wrote: »

I'd suggest asking the landlord rather than telling them.

and assuming he is happy, either ask him to confirming writing, or write to him confirming your conversation

Guest101

Will do, of course we want to maintain good relations with the LL, just wanted to know really if legally she can say no? ( I mean she can obviously, but can she enforce this? )

But I don't think she would anyway. It's a strange setup as I think the LA are flipping the property every 6 months or so, and the ll lives abroad so isn't aware.