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

mattyprice4004

He's been there longer, if you broke up I'd say out of decency you'd have to leave - but it'd only be fair that he doesn't just 'boot you out' and gives you time to find somewhere else. 

Sorry, but being a Mum or giving up your house doesn't give you special status - he's been there much longer, and it seems unfair that you'd just take the house and expect him to move. 

silvercar

You were renting before, so you are both only 2 months notice away from having to find somewhere else to live. Talk of being homeless is an exaggeration. It isn't like you sold up to move in with him or gave up a more secure tenancy. 

notrouble

You asked about rights. If you are both joint tenants, your rights will be identical. Much would depend whether you had a fixed term tenancy or a periodic one (ie rolling monthly). In a fixed term, the  tenancy continues till the end of the fixed period, irrespective of whether one or the other moves out. Both joint tenants remain liable for rent etc whether living there or not. Neither can end the tenancy unless there is a 'Break Clause' in the contract, or the landlord and both joint tenants all agree.

In a periodic tenancy, as loveroflycra says above, either joint tenant can serve notice to end the tenancy. In that case, the tenancy ends and both joint tenants must leave.

There are two options for one to stay and one to leave:

1) end the tenancy (as per options above) and then one of you agrees a brand new tenancy with the landlord

2) remove one name from the existing tenancy via a Deed of Assignment. For this, both tenants + landlord must agree/sign.

That is the legal position ('your rights'). As for who should leave/stay, what is fair etc, those are separate questions which should be discussed calmly, perhaps before you decide to move in, over a nice cup of tea with a slice of (home-made?) cake!

It may be,for example, that if he thought through his own position, he'd rather protect his current long-term home and think twice about making you a joint tenant. He could, instead, make you his lodger, or 'Excluded Occupier', whereby he remains the sole tenant, and your rights would be entirely dependant on his continuing desire for you to live with him. But love, of course, is blind!

busybee73

To all who have commented i thank you, some are useful, some are a little bit harsh, there is a backstory to this, one that i won't share, but to make it clear he does like my daughter, bit offended by the person who asked if he didn't, we've gone to a lot of trouble to make her a new room and the look on her face when she first saw it was priceless,  and i've put my heart and soul into decorating this house, but it'll never be a joint home psychological wise, that person was absolutely spot on.. everything you said was true, so thank you.

and to the person who asked if he had agreed that he'd go..... yes he has, even when i pointed out that both our names being on the agreement meant that both of us had a right to stay in the house, with me having just as much right regardless of not being there as long as he has.. so sadly his 11 years would mean very little if it all hit the fan as he wants me on the tenancy.

I've obviously come across as a monster on this post as opposed to someone who is trying to put a plan in place just in case something awful happens.... and yes, these things do happen and I'm sure a lot of us have been stung along the way.

Upkeep of the property... I'm a very house proud person, and i've just spent a lot of money on paint to redecorate the house, i did this for a few reasons,

1 because I'm dam good at painting

2 it saves the landlord paying a professional and moaning about it.

3 we now have a totally beautiful house, one that the landlord/letting agent (as he is both) is happy to keep renting to us

4 i've never met anyone who rents who hasn't at some point done some small job because it's quicker than waiting for the LL to get things fixed

5 i like to live in a house that is both presentable and free from problems 

I've had the money back for the paint and the landlord is very happy with my work. This is not just a few cushions I'm talking about, this is hours of hard work... maybe i should have stuck to the cushions hey..

I asked about my rights as i wanted people to share info and maybe a story, and overall i got those, and a massive thank you to those who have offered structured and sound advice.

I have now found out my rights and they have been explained very clearly to said other half who has no problem with any of it.. I will be seeing if i can get his statement in writing, because like i mentioned, there is a back story, and I'm not about to enter into something blindly when me and my 12 year old could end up in some homeless shelter or b&b should it all go wrong, because that is 100% what would happen, so to those who have been judgemental and harsh... maybe you'd like to sit and think about how you'd feel if ever you were in the unfortunate position of being made homeless, because lets face it... if you're not a lottery winner or have bagged a rich other half... we're all only a few paychecks away from being without a home, whether you are single, married, have a step family, a baby, or a 12 year old.... it makes no difference.

Kind regards

Bb

Xx

MovingForwards

@busybee73 get a cohabiting agreement drawn up, that bit of paper will then say how you will divi up bills etc and what would happen in case you split up.

[Deleted User]

I know it was referred to above and apologies if I missed it but are you in a private rented AST or something by a housing association or council as that is a much more secure tenancy to be giving up ?  Obviously the advice would be different 

[Deleted User]

Having had two iffy long term relationships that broke up.., personally I would make absolutely sure I had enough money for a deposit and month's rent in advance on a new place in a bank account in my name before I'd move in with anyone else. Obviously one hopes things will work out brilliantly.., but just in case I'd have a plan B otherwise I wouldn't feel secure. Things can happen, however good a relationship seems before you move in together.  Hopefully it won't.., but that money would be a good idea.  Personally I'd plan on leaving the shared house to him, if the relationship breaks down.., better to avoid the bad memories.  But I will never give up my independance again, that's my choice obviously.

Having been taken for a ride financially, I'd also make sure my finances were protected (one bank account each, a shared bank account for housing expenses that both could easily review) and that financial arrangements (who pays what and when) were very clear and written down before I moved in.

I'm sure you already know this, but I'd want to be sure the other person was financially responsible. I'm afraid these are all things I've learned the hard way.

whatdoyouthink...

If you're concerned about it being 'his' place when you and your daughter move in, and whats right or wrong if you were to split up because he's lived there 10yrs already. Have you not spoken about making a fresh start - look for a new place the two of you like and rent that? That way there'll be no 'moral grey areas' and you can both make it your own rather than his...just a thought.

annetheman

My ex moved into a place I rented (without his child). When we broke up, I told him to leave immediately. He wouldn't, and smashed a table, so I called the police. The first thing they asked was whose flat it was, I said mine - they escorted him out (the policeman kindly helped him take some of his belongings to his car) and we never saw each other again - if that helps at all.

notrouble

annetheman said:

My ex moved into a place I rented (without his child). When we broke up, I told him to leave immediately. He wouldn't, and smashed a table, so I called the police. The first thing they asked was whose flat it was, I said mine - they escorted him out (the policeman kindly helped him take some of his belongings to his car) and we never saw each other again - if that helps at all.

But in this case, they are planning to be joint tenants, so the answer to the police, when asked, would be "It is jointly our flat". The police would then not escort him out (unless under arrest for, say, assault).