Landlord refuses to add my name to the tenancy agreement.

kay0981

Hello guys,

I'm having a little trouble with my housing situation, and this forum has been really helpful to me in the past, so here I am again hoping for your advice...

For the last 8 years my parents have been renting a house through an agency - I've been living with them, and recently got my first serious job, so I've started helping them out with their finances - including rent. As an immediate family member, and an active contributor to paying the rent, I wanted to add my name to their tenancy agreement. My parents are planning to buy their own house in a year or so, and I was hoping to keep renting the place - I've lived here for years, and I earn more than enough to support it.

I contacted the agency (it's a really rubbish, unprofessional one btw), who then contacted the landlord who didn't agree to having my name added to the tenancy. Apparently it's because he wasn't comfortable with the idea of my parents moving out, and me possibly renting the place on my own in the future etc...

As much as I understand his worries, I feel that I don't want to just give up on this whole thing. I feel that perhaps the crappy agency hasn't communicated my issue to him in the best way - I told them that my parents would prefer to just speak to the landlord directly, but the agency refused to give any contact details. I thought that maybe I could suggest to them that if in the future my parents end up moving out, they could remain on the tenancy agreement for a while, this way guaranteeing the rent at first, until I have been able to show my ability to keep paying the rent myself. What do you think? What should I do in this situation? Thank you very much in advance.

antrobus

kay0981 wrote: »

.... I told them that my parents would prefer to just speak to the landlord directly, but the agency refused to give any contact details. ....

They are not obliged to tell you anything, you're not a tenant. But the agents would be required to tell your parents, because they are the tenants. It's in s1 Landlord and Tenant Act 1985. You can get fined for not complying with such a request.

http://www.legislation.gov.uk/ukpga/1985/70

kay0981 wrote: »

...What do you think? What should I do in this situation? ....

Wait until your parents have their house purchase lined up, and are ready to give notice.

jjlandlord

I don't see how "adding your name to the tenancy agreement" would benefit you in any way, unless you suspect your parents to planning to kick you out (but they would also refuse).

Thrugelmir

There's no rush. By the time your parents move on you'll be more "established". More likely to be taken seriously.

kay0981

No, my parents are not kicking me out....

I wanted to add my name mostly for security of actually having my name on the paper, especially considering that I've been paying over half of their rent in the past few months. Since I've secured my job, I've been helping them a lot with their finances, as I know that they have been trying to put some money aside for buying a house in the future. I thought of maybe even setting up a standing order every month to pay the rent from my account - would be easier for my parents to manage it that way. Also that way it'd give me some security that in the future, if and when they actually end up moving out, I would already be on the tenancy agreement/having the rent paid from my account which would be a proof that I am a reliable tenant who can actually afford to pay the rent.

Pixie5740

What kind of tenancy agreement do your parents have?

kay0981

Pixie5740 wrote: »

What kind of tenancy agreement do your parents have?

It's a joint tenancy, but I'm not sure what type exactly. They first signed it 8 years ago and it hasn't been renewed since...

jjlandlord

"Adding your name to the tenancy agreement" would not give you any sort of security once they give notice and leave.

Pixie5740

kay0981 wrote: »

It's a joint tenancy, but I'm not sure what type exactly. They first signed it 8 years ago and it hasn't been renewed since...

You would need to check but it's likely that your parents have an Assured Shorthold Tenancy. If this is the case then jjlandlord is correct, adding your name to the tenancy agreement won't give you any security. It's fairly straightforward for a LL to start the eviction process for an AST and it doesn't even require the tenant to be in breach of the contract.

If you want to remain in the property after your parents leave then their tenancy agreement would end and you would need one of your own, subject to references, credit check and whatever other information the LL might ask you to provide.

elsien

And even if it were possible, if your parents do buy a house, are they going to be in a financial position to pay their mortgage/housing costs, and to pay the rent on your place if it goes pear-shaped? Which as guarantors, they would have to do.

kay0981

Pixie5740 wrote: »

You would need to check but it's likely that your parents have an Assured Shorthold Tenancy. If this is the case then jjlandlord is correct, adding your name to the tenancy agreement won't give you any security. It's fairly straightforward for a LL to start the eviction process for an AST and it doesn't even require the tenant to be in breach of the contract.

If you want to remain in the property after your parents leave then their tenancy agreement would end and you would need one of your own, subject to references, credit check and whatever other information the LL might ask you to provide.

Alright, but if that's the case, then why would he refuse to add me to the tenancy in the first place? If he knew it wouldn't secure/benefit me anyway, and that he could evict me, then why would he say no?