Do I risk lying on my application to rent?

fantaman987

I'm here due to what I believe to be a pretty unique situation.

Basically, my one friend (we'll call him has lived in his rented flat for quite a while and took my best friend (we'll call him D) in to live with him about a year ago. Now B is looking at moving somewhere else and I'm looking at moving into the flat with D. The problem here is that D was never added as a tenant to the flat and still doesn't want to be yet as he's concerned he'll get rejected due to bad credit (despite the fact he has a solid income and never misses paying his half of the rent).

To make matters more complicated (or not perhaps?) the landlord is fully aware of two people (actually 3 as B's girlfriend has been living there the past few months) living there and is aware of the change of hands to happen for the swap.

So now I'm very unsure of how to approach the tenancy application, I personally don't want to lie on it at all and would much rather do it properly but D is pretty insistent on me just getting in first and then sorting it later.

Anyone have any knowledge on how to best sort this type of thing? Am I overworrying or should it be done properly?

Any help would be greatly appreciated, thanks!

JGB1955

Where does the 'lying' come into it?

Comms69

If you want to rent the property you can do. If you want D to be your lodger, that's fine.


If D pays more than £7500 a year including rent and bills, you will be liable to pay tax. (edit: unless you and D are a couple)

BrassicWoman

this riskis all on you and none on D. You are sole name on tenancy - you are liable for all debts with no option to chase him.

Don't. And if he has bed credit, I would not share with him anyway.

Comms69

BrassicWoman wrote: »

this riskis all on you and none on D. You are sole name on tenancy - you are liable for all debts with no option to chase him.

Don't. And if he has bed credit, I would not share with him anyway.

That's not correct. The OP would have recourse against D

G_M

Comms69 wrote: »

That's not correct. The OP would have recourse against D

Yes in law.

But in practice.......?

If you applied in your sole name, would you be granted the tenancy? Is your income sufficient to cover the full rent? References and credit record?

If all good, then go for it, but as pointed out D would be your lodger and D has a poor history which might lead you to problems. Make sure you give D a 'Licence to Occupy' as a lodger, and I'd suggest a 1 week notice clause so you can get rid of him fast if needs be. You would then be free of course to get a substitute lodger.

Remember rent from your lodger is income so may be taxable unless it falls within the Rent a Room Scheme

See aso:

* Lodgers: advice & links for landlords & lodgers

BrassicWoman

Comms69 wrote: »

That's not correct. The OP would have recourse against D

I can't see anything about a lodger agreement, just a load of "you get the tenancy and we'll sort it later."

So no recourse.

fantaman987

Sorry I don’t think I made the situation clear. D doesn’t want to be initially put down as a tenant for the changeover as he fears that he/we will get rejected due to his bad credit.

So basically he’d rather I just apply as if I’m going to be moving in on my own and then we add him as a tenant once I’m safe and secure as a tenant myself.

Comms69

BrassicWoman wrote: »

I can't see anything about a lodger agreement, just a load of "you get the tenancy and we'll sort it later."

So no recourse.

verbal contract would still be enforceable (G_M's comment not withstanding)

DCFC79

fantaman987 wrote: »

Sorry I don’t think I made the situation clear. D doesn’t want to be initially put down as a tenant for the changeover as he fears that he/we will get rejected due to his bad credit.

So basically he’d rather I just apply as if I’m going to be moving in on my own and then we add him as a tenant once I’m safe and secure as a tenant myself.

But will he though ?


What if he says "oh Ill do it tomorrow/ next week/ month" ?

fantaman987

I know for a fact that he wouldn’t do that as he wouldn’t want to be out on the street.

Either way, he’d be paying half the rent whilst living there, it’s just a case of making it legit with the estate agent. As I previously mentioned he’s been living there for over a year now anyways and no one has said anything regarding it.

I would like to do it proper but I obviously wouldn’t like to be rejected. How fraudulent or not is it for me to just say it’s myself living there initially?

I would still pay the correct amount of council tax for 2 people and everything regarding that.