What Rights Does Someone Not On A Rental Agreement Have?

daKlone

If someone moves into a rental property as the partner of the renter, but is not named on the rental agreement, do they have any rights at all in terms of being able to stay in the property should the relationship break down? Or can the renter just put them out on the street?

Slithery

daKlone said:

Or can the renter just put them out on the street?

Correct. The only legal process that is needed is to give 'reasonable notice'.

greatcrested

The partner is there under licence granted by the tenant. The tenant can withdraw that licence at any time without notice (though common decency would suggest some warning!)

If the partner is paying rent to the tenant, they are a lodger, with a contract (rent in return for accommodation). That contract can be ended by either side giving notice. The length of notice required may have been agreed/specified (verbally or in writing) in the contract, or if not specified, must be 'reasonable'.

Typicably, 'reasonable notice' is a week, if rent is paid weekly, or a month if rent is paid monthly.

daKlone

Yup, that's pretty much what I figured.

Is there anything that the partner can do to protect against the whims of the renter? Some kind of written agreement or contract that could be written up?

A_Lert

Few, assuming you are not married. You would be classed as an "excluded occupier".

You have the right to "reasonable notice". This depends on circumstances, but if you've been living together for many months or years it would not be reasonable to kick you out one day without warning.

It's illegal for the lead tenant to physically force you out or to harass you or threaten violence.

You have rights relating to your personal possessions. I believe the lead tenant would be considered an "involuntary bailee", with duties and processes they need to follow. If they throw your stuff away, or leave it outside to get damaged, you can sue for compensation.

AIUI about the only significant change a written agreement could do is putting a definite notice period. A lodger agreement for a nominal rent (eg £1 a month) should do the job.

John_

daKlone said:

Yup, that's pretty much what I figured.

Is there anything that the partner can do to protect against the whims of the renter? Some kind of written agreement or contract that could be written up?

Not really.

If things are so shaky that this is a worry, are you sure that you ought to be moving in?

SpiderLegs

I’ve heard that you simply pop down to the court and get an occupation order. Then you can’t be kicked out and the other party still has to pay the rent.

greatcrested

https://www.rcsolicitors.co.uk/family-law/restrictive-orders/occupation-orders

(other solicitors are available)

daKlone

An Occupation Order sounds like it might be a useful thing if it all goes south, thanks.

It's not me that's putting themselves into such a precarious position, but my grown-up daughter is moving herself and her three kids into a new rental property with a fella, and I learnt today that the rental agreement is in his name alone. I'm not happy about it, and was hoping that there might be some recourse that won't leave her homeless if things go badly.

[Deleted User]

daKlone said:

An Occupation Order sounds like it might be a useful thing if it all goes south, thanks.

It's not me that's putting themselves into such a precarious position, but my grown-up daughter is moving herself and her three kids into a new rental property with a fella, and I learnt today that the rental agreement is in his name alone. I'm not happy about it, and was hoping that there might be some recourse that won't leave her homeless if things go badly.

He could easily have her physically out the property before your daughter gets an occupation order assuming her application for one is successful. Are the children his? 

A more practical solution would be for her to have an emergency fund stashed away to pay for a deposit, first month’s rent and moving costs of it all goes down the pooper. 

greatcrested

On the plus side the landlord can never demand rent off her. Any arrears will be soley down to her partner.

Is she going to be contributing to the rent?If not it's a good chance toput rent money aside as Lover_of_Lycra says.