Question about a tenant applying for universal credit

maggie131210

Hi I'm not sure if this is the right place to ask for advice regarding this matter so sorry if it isn't. I became an accidental landlord to one property so I tried the best I could finding out everything but not sure what I do.

My tenants have been in the property for over 4 years, they have been great tenants. There was 4 people on the original tenancy but they moved out and one stayed which I was fine with, she continued to pay the rent on a rolling contract, she asked me if her boyfriend could move in, which I agreed. Now 3 years later they need to claim for universal credit but have said the universal credit need the tenancy agreement with her and her boyfriends name on it but the only contract is the old one that I didn't think stands anymore because of it going on to the rolling one.

Can I just amend the old contract saying how the others agreed to leave and it is now them or do I have to make a completely new contract for them? I was worried about making a new contract because I thought the universal credit place would class it as a completely new tenancy so they wouldn't be able to claim for a while. If anyone could give me any help i'd greatly appreciate it. Thank you.

Comms69

Deed of assignment- google it. Should do the trick

Pixie5740

maggie131210 wrote: »

Hi I'm not sure if this is the right place to ask for advice regarding this matter so sorry if it isn't. I became an accidental landlord to one property so I tried the best I could finding out everything but not sure what I do.

My tenants have been in the property for over 4 years, they have been great tenants. There was 4 people on the original tenancy but they moved out and one stayed which I was fine with, she continued to pay the rent on a rolling contract, she asked me if her boyfriend could move in, which I agreed. Now 3 years later they need to claim for universal credit but have said the universal credit need the tenancy agreement with her and her boyfriends name on it but the only contract is the old one that I didn't think stands anymore because of it going on to the rolling one.

Can I just amend the old contract saying how the others agreed to leave and it is now them or do I have to make a completely new contract for them? I was worried about making a new contract because I thought the universal credit place would class it as a completely new tenancy so they wouldn't be able to claim for a while. If anyone could give me any help i'd greatly appreciate it. Thank you.

Was it a painful accident?

The old contract does stand. It was rather sloppy to have tenants come and go without either a deed of variation or a new tenancy agreement should have been drawn up.

See G_M's Ending/Renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

System

To the best of my knowledge the agreement will need to be in the current tenants names only.


Having the old tenants on there could affect the amount of benefits being granted

theartfullodger

Current tenants are the original tenants, still liable for all rent.

Not all current occupants are tenants

(Text removed by MSE Forum Team)

csgohan4

Simonr66 wrote: »

You really are a rude individual, whats the matter got turned down last night

No such thing as accidental, as it was your choice to keep the property than sell.


You have a long way to go in terms of being a LL and basics for tenancy contracts, as this is a business and your not doing things with due diligence. Your tenants could really take you town and really make life difficult for you due to this, who knows what others things you may have 'forgotten' to do?


Have you declared income to the HMRC, gas safety checks e.t.c? deposits protected??


I agree with Artful, if you don't know how to do things properly either get someone who does i.e a reputable agent, or don't it at all


While you may not want to hear this, it is reality


Here's an example of when things go wrong


https://forums.moneysavingexpert.com/discussion/5896992/evicting-tenants-via-court-and-bailiffs

theartfullodger

Simonr66 wrote: »

You really are a rude individual, whats the matter got turned down last night

Thank you so much for your kind words & thoughts.

When I started as a landlord I made expensive, painful, long-drawn out mistakes: Entirely due to my own hubris, stupidity & ignorance. I resolved to learn. Did courses etc etc etc. Still learning, still making mistakes.

Sadly there are many who don't ever seem to realise they are in a hole because they dug it themselves.


Best wishes to all, including those who disagree with me.

System

theartfullodger wrote: »

Thank you so much for your kind words & thoughts.

When I started as a landlord I made expensive, painful, long-drawn out mistakes: Entirely due to my own hubris, stupidity & ignorance. I resolved to learn. Did courses etc etc etc. Still learning, still making mistakes.

Sadly there are many who don't ever seem to realise they are in a hole because they dug it themselves.


Best wishes to all, including those who disagree with me.

Its not about disagreeing with you, the OP came to this board for some advice and I have seen you give some good advice so I felt that what you wrote and the tone you used was unnecessary.