Split up and moved out of property but name is still on the tenancy

mither_2

Hello,

Any thoughts on the following situation. I have done some research but haven't found any definitive answer and would welcome different opinions/anyone with any experience of this. All this is creating a lot of stress. 

My brother's girlfriend fell pregnant. 
They moved into a rented house together in Summer 2018 and the child was born in late 2018. He was working at the time whilst she wasn't and he could show that he could afford the rent on his own earnings. 
Renting from a private landlord. 
They separated in 2020 and he moved in with my mum but continued to have his name on the tenancy and pay the rent in full. 
She subsequently secured benefits including rental benefit that would cover most of the rent (c80%). It would appear that she has kept this. Not sure what she has done with it but it has not been spent on the rent as my brother has continued to pay it in full.
She has now agreed to pay half the rent (from the housing benefit that she receives) but my brother will pay the other half. Based on his earnings this is above what he would be required to pay for child support. However, he is willing to do so as his child will hopefully benefit (though she is terrible with money and seems to waste a lot of it but that's another story). 
However, I've said that his name needs to come off the tenancy or it could potentially be on their indefinitely (their child is only 2 and so may want to live there for another 10 years+). Its OK whilst living at my mum's but what happens if he wants to rent his own place? If somehow he's able to try and buy somewhere this would also mean that he would fail any affordability test as the lender would only see his name on the tenancy and wouldn't be aware that he was being reimbursed for 50% of the cost. 
The other issue is that where the rent is in her name he is relying on her transferring him half every week. She has shown herself to be generally dishonest and bad with money so what happens if she just makes an excuse every month as to why she hasn't got the money i.e. he gets stuck with the rent every month and can do nothing about it.
He's also on the hook if she does something spiteful like trashing the place.   
The potential consequence of his taking his name off the tenancy is that 
a) it alerts the landlord that he's not living there (but he possibly should have notified them anyway) 
b) as she is a single mum in receipt of benefits (when they originally moved in the landlord specified no DSS) they may terminate the tenancy. 
c) as she is a single mum on benefits they may not renew the tenancy when it expires next summer. They are on a rolling annual contract.  

She has been looking (so she says) for a council place but doesn't seem to have looked too hard and has turned down the places she has been offered. She would off course as they won't be as nice as the place she has now. She should be quite high up the council list but already but if the landlord threatened eviction then presumably she would be pushed up more quickly?

Alternatively would the landlord necessarily evict them immediately? She has have been good tenants and kept the place in good order. With the benefits she receives plus her part time income + my brothers child support she likely could afford the rent. Presumably if they take care of the place and the rent is paid every month then the landlord may be OK?  

She does have a CCJ against her name which clearly doesn't help but hopefully there are still options. 

Thanks in advance for any thoughts on this. My brother wants what's best for his child but at the same time he needs to move on with his own life so that he can be a father to his child. 

 

canaldumidi

It is cerainly advisable for him to be removed from the tenancy.

He could then make payments to her at whatever amount he chooses provided it is above the child support level, which would be for child support, not rent. How she pays the rent is then her responsibility.

As the tenancy is periodic (rolling) either joint tenant can serve notice to end the tenancy, and this binds both tenants. She would then have to apply for a new tenancy in her sole name.

The potential issue is whether the landlord will be happy to grant a tenancy to her in her sole name. Given her lack of/limited income, the LL may not accept this.

So the first step is to discuss with the LL,perhaps stressing that she will be able to afford it given that she receives Housing Benefit. Depending on the LL's reaction they can decide their next step.

mither_2

canaldumidi said:

It is cerainly advisable for him to be removed from the tenancy.

He could then make payments to her at whatever amount he chooses provided it is above the child support level, which would be for child support, not rent. How she pays the rent is then her responsibility.

As the tenancy is periodic (rolling) either joint tenant can serve notice to end the tenancy, and this binds both tenants. She would then have to apply for a new tenancy in her sole name.

The potential issue is whether the landlord will be happy to grant a tenancy to her in her sole name. Given her lack of/limited income, the LL may not accept this.

So the first step is to discuss with the LL,perhaps stressing that she will be able to afford it given that she receives Housing Benefit. Depending on the LL's reaction they can decide their next step.

Thank you very much. This is good advice. He has tried contacting the agency but they are very slow to respond. Whatever happens there will be a delay as the agency will have to give the news to the LL and then see how LL responds. 
Where they are very slow I wonder whether he should just e-mail them with a quick summary. Usually I would advise putting anything in writing but this may be the quickest way to get a response and he is clear on what he wants to do anyway.
So many letting agents are really slow to deal with anything. Very frustrating.    
  

Slithery

Can he not just speak directly to the landlord?

mither_2

Slithery said:

Can he not just speak directly to the landlord?

Doesn't seem that way. I'll suggest it though. he isn't being very proactive and seems to hope it will just resolve itself. Not good at confrontation which is partly why he is in this situation.  

RAS

Does he have a copy of the tenancy agreement? Is the LLs name and address on that?

If not he needs to do one of two things (assuming England and Wales):

Download a copy of the deeds from the Land Registry which costs £3 (not one of the rip-off merchants who charge 10 times that to do the search).

Write to the EA and ask them for the LLs name and address, which they are required to provide by law.

In Wales the LL needs to be registered as well.

canaldumidi

Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

mither_2

Thanks to you both - some really helpful advice there!