Letting agency credit check fees for all residents

PennyLane010

Hi all,

My husband recently relocated back to the UK after living overseas few months before I did due to contractual obligations. He started renting a house through a letting agency and now that I have joined him, they are saying I also need to pay the £250 credit check fees. I don’t start my job for another couple of months so it’s unlikely I will even be contributing to the rent so it seems odd that I need to have a credit check.

Is this normal practice? Is there some kind legal requirement for all tenants to go through a credit check?

Thanks in advance for any advice.

buggy_boy

PennyLane010 wrote: »

Hi all,

My husband recently relocated back to the UK after living overseas few months before I did due to contractual obligations. He started renting a house through a letting agency and now that I have joined him, they are saying I also need to pay the £250 credit check fees. I don’t start my job for another couple of months so it’s unlikely I will even be contributing to the rent so it seems odd that I need to have a credit check.

Is this normal practice? Is there some kind legal requirement for all tenants to go through a credit check?

Thanks in advance for any advice.

Yes this is totally normal, tenant fees are way to high but hopefully they will eventually be restricted or banned. Generally anyone over 18 will need to be on the tenancy agreement, the reason for this is simple. What happens if you move in, you have an argument with your partner, then he moves out?

You are then essentially squatting, this causes all sorts of problems for the landlord, the government has changed the rules for landlords so they need to use a letting agent to provide the right to rent and other legal obligations, so at the moment both landlords and tenants are beholden to letting agents and the fees they charge.

saajan_12

Do you want to be named in the tenancy agreement? Your husband can invite you to live with him and the LL can't really object. They may insist on a RIGHT TO RENT check ie look at / take a copy of your passport/visa as that's a legal requirement for the LL. However credit checks aren't legally mandated and if you're not varying the tenancy agreement, the LL can't insist.

Jane_B

I would ask your husband to check his tenancy agreement. As sometimes it will say whether the tenant can invite someone to live with them, or whether any other long term visitors need to be added to the agreement.
A few years ago when I 'moved in' with my now husband, he was in rented, but they had a clause saying visitors were classed as someone who frequented less than 3 nights per week, anyone other than that could be added either to the contract, or added as an acknowledged guest, so didn't have a credit check, but the landlord acknowledged I was staying there on a more permanent basis.

Comms69

It's irrelevant, your husband can invite you to live there no matter what.


Now the LL could choose to evict, using a s.21 no fault eviction, but they have no authority to demand credit checks, or anything else. (right to rent is slightly debateable, but for ease you could show your passport)

PennyLane010

You are then essentially squatting, this causes all sorts of problems for the landlord, the government has changed the rules for landlords so they need to use a letting agent to provide the right to rent and other legal obligations, so at the moment both landlords and tenants are beholden to letting agents and the fees they charge.

I was under the impression that unless the house is returned to the letting agents/landlord as vacant possession then he would served an eviction notice and a "standard" eviction would take place regardless of who was in the property. Is this incorrect?

I have, however, just found out that my husband did sign an amendment stating that I must be referenced and put on the tenancy when I joined him. I have no desire to be on the tenancy and I'm quite happy to just be listed as a permitted occupier. I suppose the letting agent wouldn't be able to charge the corresponding fees though.

Do I have any grounds for refusing to be put on the tenancy agreement and therefore sidestepping the fees?

buggy_boy

PennyLane010 wrote: »

I was under the impression that unless the house is returned to the letting agents/landlord as vacant possession then he would served an eviction notice and a "standard" eviction would take place regardless of who was in the property. Is this incorrect?

I have, however, just found out that my husband did sign an amendment stating that I must be referenced and put on the tenancy when I joined him. I have no desire to be on the tenancy and I'm quite happy to just be listed as a permitted occupier. I suppose the letting agent wouldn't be able to charge the corresponding fees though.

Do I have any grounds for refusing to be put on the tenancy agreement and therefore sidestepping the fees?

If you are not on the tenancy agreement and end up being the only one in the property without any agreement or permission then yes you will essentially be a squatter. You can only use what I guess you are calling "standard" eviction methods if you have a tenancy, if your partner leaves and stops paying the rent ending the tenancy and you remain you do not become the rightful tenant.

It is common place that most tenancy agreements would have a clause saying a visitor can stay but if someone moves in and are over 18 they need to be on the tenancy. Note if you are on the tenancy you are liable for the rent jointly, my suggestion is if you dont want to pay the fee and be on the tenancy then don't move in.

You can move in without paying fees or being on tenancy agreement but expect eviction proceedings to start quite quickly. Note that if you get evicted you may have issues finding another rental in the area....

Comms69

PennyLane010 wrote: »

I was under the impression that unless the house is returned to the letting agents/landlord as vacant possession then he would served an eviction notice and a "standard" eviction would take place regardless of who was in the property. Is this incorrect?

I have, however, just found out that my husband did sign an amendment stating that I must be referenced and put on the tenancy when I joined him. I have no desire to be on the tenancy and I'm quite happy to just be listed as a permitted occupier. I suppose the letting agent wouldn't be able to charge the corresponding fees though.

Do I have any grounds for refusing to be put on the tenancy agreement and therefore sidestepping the fees?

Yes, just ignore them and don’t sign it?....

Comms69

buggy_boy wrote: »

If you are not on the tenancy agreement and end up being the only one in the property without any agreement or permission then yes you will essentially be a squatter. You can only use what I guess you are calling "standard" eviction methods if you have a tenancy, if your partner leaves and stops paying the rent ending the tenancy and you remain you do not become the rightful tenant.

It is common place that most tenancy agreements would have a clause saying a visitor can stay but if someone moves in and are over 18 they need to be on the tenancy. Note if you are on the tenancy you are liable for the rent jointly, my suggestion is if you dont want to pay the fee and be on the tenancy then don't move in.

You can move in without paying fees or being on tenancy agreement but expect eviction proceedings to start quite quickly. Note that if you get evicted you may have issues finding another rental in the area....

Pause: not paying rent doesn!!!8217;t end a tenancy.

The bit about struggling to rent if evicted is just nonsense.