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Tenants listed on Tenancy Agreement - who's responsible?

Malibusmash
Malibusmash Posts: 111 Forumite
Tenth Anniversary 10 Posts
in House buying, renting & selling
If someone is listed as the 'Lead Tenant' on an AST, but others who are living there are also named on the agreement, who is ultimately responsible for the rent etc.?

Comments

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    All of them are jointly and severally responsible.

    The term "lead tenant" has no meaning in relation to a joint tenancy. It is just a term invented by Tenancy Deposit Schemes to make their lives simpler.
  • Malibusmash
    Malibusmash Posts: 111 Forumite
    Tenth Anniversary 10 Posts
    Thanks JJ - also does that mean that only the tenants listed on the agreement who are 18 and over are responsible?
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Malibusmash wrote: »
    Thanks JJ - also does that mean that only the tenants listed on the agreement who are 18 and over are responsible?
    Yes...any children should not be listed on the tenancy agreement as they will never be responsible for the rent. Any permitted occupiers such as adult children not listed on the tenancy agreement will not be responsible for the rent either.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • mrginge
    mrginge Posts: 4,843 Forumite
    edited 2 June 2015 at 2:23PM
    I believe that if a 16-17 year old is named as a tenant under a joint tenancy with an over 18, that 16-17 year old would still be liable.

    As such, in theory they are j+s liable for the whole rent just as any other tenant.

    Jj will prob have a better understanding and correct me if I'm mistaken :)
  • Malibusmash
    Malibusmash Posts: 111 Forumite
    Tenth Anniversary 10 Posts
    Thanks - to be clear, there are three in the property, the 'Lead Tenant' and two of his children, aged 18 and 21. So if the Father was no longer able to pay rent, then the Landlord could go after the children for the rent - is this correct?
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    A 'permitted occupier' will never be liable under the tenancy.

    The issue of tenants under 18 years old is not straightforward. If we're talking about children living with their parents I don't see much point in making them tenants.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Malibusmash wrote: »
    Thanks - to be clear, there are three in the property, the 'Lead Tenant' and two of his children, aged 18 and 21. So if the Father was no longer able to pay rent, then the Landlord could go after the children for the rent - is this correct?

    If they are all named on the TA.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    I believe that under a joint tenancy with an over 18 they are still liable.

    As such, in theory they are j+s liable for the whole rent just as any other tenant.

    Jj will prob have a better understanding and correct me if I'm mistaken :)

    Only people who have formed a contract can be liable for rent to the LL.

    So if you are a tenant with 3 adult children living with you, only you are liable for the rent. Only you have agreed this with the LL.

    So only people named on the tenancy agreement are liable for rent to the LL.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    Only people who have formed a contract can be liable for rent to the LL.

    So if you are a tenant with 3 adult children living with you, only you are liable for the rent. Only you have agreed this with the LL.

    So only people named on the tenancy agreement are liable for rent to the LL.

    Thank you for agreeing with me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    Thank you for agreeing with me.

    I just didn't think it was clear. When I read it, I thought you suggested anyone over 18 could be liable. Having re read it, I see what your saying. But don't think it's clear.

    But we are in agreement do all good :)
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