Joint landlord

mandm65

Hi Guys
A quick question, assuming the property is under the wife’s name can she legally add her husband on the tenancy agreement (AST) as joint landlord?
Appreciate your input.
Cheers

Guest101

Once the tenancy is in place?


Only with the tenants agreement

Miss_Samantha

There is no need to seek the tenant's agreement.

The tenancy must be assigned by deed and notice must then be given to the tenant.

Guest101

Miss_Samantha wrote: »

There is no need to seek the tenant's agreement.

The tenancy must be assigned by deed and notice must then be given to the tenant.

Fair point, but seems easier to just get the tenants agreement to amend it.

Miss_Samantha

Guest101 wrote: »

Fair point, but seems easier to just get the tenants agreement to amend it.

Having an extra person involved in the assignment makes things more complicated, and is not required.

To "amend" the existing agreement is not the correct legal way to do, and thus will only create problems. Sticking to the correct legal procedure is not more complicated in this case, and will avoid any issues.

An alternative is to create a brand new tenancy with all the consequences. This requires the tenant's agreement.

mandm65

Thanks Guys for your response and appology for causing confusion, it will be a brand new AST.

theartfullodger

Either brand new AST (which tenant does not have to agree to...) - or handle it as a "change of landlord" so serve the usual notices - see eg...

http://www.landlordzone.co.uk/forums/showthread.php?56800-Change-of-landlord-do-I-need-to-serve-tenants-a-notice

Note not serving correct notices promptly on change of landlord (which you seem to be saying has happened...) is a CRIMINAL offence, sadly rarely prosecuted, and fines can be levied.

However, if the property is solely owned by wife (which is what I assume you mean by "" assuming the property is under the wife’s name "") then hubbie would need to own some proportion of the place first for all this to happen: so land registry forms, wife should get legal advice. And start declaring tax...

Is this a cunning plan to pay less tax?

mandm65

theartfullodger wrote: »

Is this a cunning plan to pay less tax?

Unfortunately Not
It was more to do with if the wife would unable to deal with challenging characters, thats all.

Floxxie

Could you not just act as her 'agent'?

G_M

mandm65 wrote: »

Unfortunately Not
It was more to do with if the wife would unable to deal with challenging characters, thats all.

Not sure what you mean by "challenging characters", but if it concerns management of the property and dealing with the tenants, there's no reason the husband can't simply act as the wife's agent - just as a letting agent would, but (presumably!) without getting paid.......

booksurr

nothing stopping the wife paying the husband to be her agent provided the rate of pay is a) at or above national minimum wage and b) (crucially) commensurate with the quantum of work done - NO £20,000 pa salary for 5 minutes work

However the killer to that idea is if you pay someone you become an "employer" and so must operate PAYE yourself and pay over the tax deductions from your employee's wages to HMRC using the RTI system. So an excellent way to spread money to a husband who is not an owner but does come with "some" downsides!!!