My partner currently rents, I'm moving in, what rights do i have?

busybee73

Hi there,

So I'm currently debating moving in with my partner with my 12 year old daughter, he currently rents and has been where he lives for 10 years. He has approached the landlord who happens to be his letting agent also, and he has said that there shouldn't be a problem with it and is going to get my name on the lease.

Before i jump in naively, what rights would i have if i became a joint tenant, nobody likes to be all doom and gloom but with my daughters and mines housing position at risk, what could i do if it all went wrong, would he have to leave or would i?

kind regards

AdrianC

If you're both named tenants, then it's entirely up to agreement between you as to who remains in the tenancy.
If it remains as him being sole tenant, then it's you that'd be moving out.

If you split up after a year, would you really put your foot down and say "No, I'm staying, you have to go", given that he'd have been there eleven years and you just one?

busybee73

Yes i would Adrian, because if he's asked me to move in and give up my home and leave me and my daughter homeless, after I'd spent my wages on the bills and contributed towards the house and it's upkeep, then yes, i would, because any decent person who had asked a mother and child to move in leaving them without a home, wouldn't put them a position where they'd be without anywhere to live.

KatrinaWaves

You asked about your rights, you have no right to ask anyone to leave their home just because you are a woman and have a child. Motherhood does not give you special status. I assume it is not his child, he has no duty to house your child.

Depending on the length of the time spent living at his home, then it would become more complicated, but your child will soon not be 'a child' of the age where demanding someone move out of their long term home would be newspaper compo face worthy.Forcing someone out of their home with a baby, a 5 year old, maybe, a 12 year old? Not so much. A teenager, again, I doubt anyone would be sympathetic past helping you find a new house.

You are not being made homeless. You would be moving house. There is no need to use dramatic language. If you needed to move out, you could find another place to rent.  

Cakeguts

Why can't he move in with you and give up his rented home?  Doesn't he like your daughter?  He is asking your daughter to give up her present home to suit him.  She has no choice in this relationship. It seems a bit one sided to me.

busybee73

It's not one sided, i also rent, i totally get your comment about asking him to move in here with me, but i guess the same argument would apply if we fell out if he moved in here. I'm just trying to find out some info on all of this, I'm a bit wary as anyone would be if they were giving up there home to move in with someone else, be it male or female. It's always better to have the proper information at hand just in case things go wrong. :-)

ncass

Just to put another slant on this, i moved in with my fiance about 2 years ago into a place she's rented for about 12 years (10 when i moved in, 7 years of which with her ex). It's never really felt like "our" home, more like her home that i'm sharing with her. We've joked about it in the past and she's said in the jokey but with a serious undertone way that if we did break up it's her house and i'd have to go. I think it's a psychological thing, she was their first, it's her home and i'd therefore be the one to leave. I think it's a psychological thing, maybe different for you guys but something to consider

Mojisola

busybee73 said:

Yes i would Adrian, because if he's asked me to move in and give up my home and leave me and my daughter homeless, after I'd spent my wages on the bills and contributed towards the house and it's upkeep, then yes, i would, because any decent person who had asked a mother and child to move in leaving them without a home, wouldn't put them a position where they'd be without anywhere to live.

Have you said this to him and does he still want you to move in?

princeofpounds

"any decent person who had asked a mother and child to move in leaving them without a home"

Well, as long as he thinks the same way and you have discussed this, then that's great. Not everyone is so absolutist about mothers-first morality. 

You should also not only think about your rights but also your obligations. If you become a joint (and several) tenant, you will become just as liable for the rent on the property as he is. So if he disappears in the night, the LL can ask you for all the rent.

In terms of rights, the main difference between becoming a joint tenant and not (i.e. being a lodger aka excluded occupier) is the right of occupation. If you are a lodger, your LL (i.e. your partner) can ask you to leave with only 'reasonable notice' (subjective judgment by the court if you sue) and does not need to go to court to evict you. They can grant you extra rights with a contract - I only mention this for interest - but if they break that contract or give you unreasonable notice the only remedy you get is likely to be suing for costs incurred; you'll still have to sort out alternative accommodation.

PasturesNew

busybee73 said:

...after I'd spent my wages on the bills and contributed towards the house and it's upkeep...

You'd be paying bigger bills at your current home, alone.  It's rented, there is no upkeep.  Financially you'd be better off, only paying "half" a rent, not a whole one, only paying half council tax, not 3/4, halving your utility bills etc.

If you're not sure, then why not stay as you are until you're sure, or for another 10 years when your child is independent of you. 

[Deleted User]

Do you both rent privately in which case you're only ever a Section 21 away from eviction anyway?

With a joint tenancy either joint tenant can give notice to end the tenancy for all the joint tenants.

As for contributing towards the bills, why wouldn't you?  Wouldn't you be using gas, electricity, water, wifi, etc?  I don't see what upkeep of the property you'd be paying for since it's a rental and repairs and maintenance are down to the landlord.  Unless you're talking about buying a few cushions or something in which case just take them with you should you have to leave.