Tenancy Agreement

JAPA

Lady lives next door but one to our rental property and showed her mother round.  Lady contacts us to say mother would like to rent it but cannot afford to pay the full amount of the rent.  Lady would like to top up the rent without the mother knowing.  Can we safely accommodate that in a tenancy agreement?  

anselld

Don't see how that is possible.  The tenancy agreement needs to state the correct rent and the Mother needs to sign it.

GDB2222

You could have a side agreement whereby the daughter agrees to top up the rent. You should get it drawn up by a solicitor and not try to do your own. 

greatcrested

The TA needs to specify the rent and the tenant needs to read, understand, and sign the TA.

I suppose you could specify a lower rent and then take a cash payment for, say, 6 months of 'top up' from the tenant's daughter without the tenant knowing. What would happen after 6 months though? Only the rent specified in the TA would be due.

The deposit taken would also have to be based on the rent excluding the 'top up' ie not more than 5 weeks rent as per the TA.

Comms69

Just get her to guarantee the rent?

davidmcn

GDB2222 said:

You could have a side agreement whereby the daughter agrees to top up the rent.

How is that enforceable though? You couldn't evict mum for breach of an agreement she knows nothing about. 

GDB2222

davidmcn said:

GDB2222 said:

You could have a side agreement whereby the daughter agrees to top up the rent.

How is that enforceable though? You couldn't evict mum for breach of an agreement she knows nothing about. 

I agree that it’s only as good as the credit-worthiness of the daughter. If she’s a householder with substantial equity, that is probably okay.  

saajan_12

GDB2222 said:

davidmcn said:

GDB2222 said:

You could have a side agreement whereby the daughter agrees to top up the rent.

How is that enforceable though? You couldn't evict mum for breach of an agreement she knows nothing about. 

I agree that it’s only as good as the credit-worthiness of the daughter. If she’s a householder with substantial equity, that is probably okay.  

Well the daughter isn't getting anything in return for the £x top up rent, so this wouldn't be a 'contract'. You'd have to draw it up as a deed, tied to however long the mother's tenancy continues. Sounds like the solicitor cost would be more than its worth. 

Can't you let to the daughter at the full amount, and give her permission to sublet to the mother at whatever rent? Then its between them how much daughter tells the mother on the rationale for the setup / how much rent the mother is paying. ("LL wanted to let to me cos I'm a friend")