Partner has CCJ, can I rent just in my name?

SDavies84

[Deleted User] said:

Slithery said:

Olinda99 said:

If he is living there they will want his name on the tenancy agreement.

Why?

It's none of their business.

If the landlord asks who will live there, and OP lies that is a great start and vetting could uncover it.

To be fair OP doesnt want this approach and neither would I.

Besides declaring only 32k income could be very limiting in terms of perceived affordability.

I don't know if it would be counted or not, but each year I do get a bonus at work. This year it was £5000. Would estate agents count that towards affordability do you think?

JReacher1

SDavies84 said:

[Deleted User] said:

Slithery said:

Olinda99 said:

If he is living there they will want his name on the tenancy agreement.

Why?

It's none of their business.

If the landlord asks who will live there, and OP lies that is a great start and vetting could uncover it.

To be fair OP doesnt want this approach and neither would I.

Besides declaring only 32k income could be very limiting in terms of perceived affordability.

I don't know if it would be counted or not, but each year I do get a bonus at work. This year it was £5000. Would estate agents count that towards affordability do you think?

I think for bonuses they will take the average you received over the last three years and add that as income. 

SDavies84

canaldumidi said:

chanz4 said:

Just dont mention him

OP said:

I don't want to try and sneak around it and get into more problems if the new agency/landlord were to find out!

1) has current LL said he plans to evict you? When? Before or after he starts advertising the property for sale?

2) has LL served a S21 Notice? Is it valid? Have you checked? S21 checklist (Is a S21 valid?)

3) has LL offered to sell to you? Are you interested? Can you afford?

4) has LL mentioned selling to another LL?

5) Are you aware that selling the house does not end your tenancy; you continue on the same tenancy, same terms, just with a new owner/LL to pay rent to?

6) do you want to move?

7) do you realise that just because LL wants to sell he still has to follow legal processes eg to evict you or transfer tenancy to new ower etc

8) Some LLs (admittedly a small minority!) will let to your partner if you are upfront/honest and otherwise attractive (no- that's not Conservative Party speak) eg good salaries, steady long-term jobs etc etc

9) you could rent in your sole name and ask for partner to be named as 'Permitted Occupant'.  Note a) their salary will not be taken into account, so can you afford the property you want on your sole income? b) they have no obligation to pay rent, or for damage caused - that all falls to you as the tenant c) they have no rights as a tenant so if you get evicted so do they.

10) offering to pay upfront (eg 6 months) might (or might not!) help.

ps- this isn't your landlord by any chance....?https://forums.moneysavingexpert.com/discussion/6371570/holding-deposit-and-reference-query#latest

Thanks for all the questions ☺️ 

1) The landlord has just told us he will be putting it up for sale. Our contract comes to an end in October. Normally we just renew for an extra 2 years each time, but I just guess they won't give us that option this time!
2) No S21 notice, but I guess in our case with the contract running out they don't need to?
3) Would love to buy it, but can't afford it

4) He did say it could be another landlord who bought it, which would be great, but obviously this puts us in a bit of a limbo state

5) Again, with the tenancy expiring I suppose this isn't applicable?
6) No, definitely don't want to move!
7) As above? ☺️
8) I feel as if we are attractive tenants. We would have a great reference from our current landlord, combined salary of approx £80000. I have been in my job for nearly 3 years, my partner for over a year. It's just getting to that point to be able to explain to a prospective landlord our information. Is there any point in booking viewings with an agency if when they find out, they will just instantly turn us down?
9) This is what I'm wondering... I read about permitted occupiers last night while frantically googling! What would be the best approach with this? Just to say he has a CCJ and so it would just be my name on the tenancy? If I could get somewhere for £1000, I think that means I pass affordability? But at it's right at the top end, my concern is that a couple who had a combined income of say £90000 would obviously be a more attractive candidate, so I would miss out.
10) We do have some savings and could possibly afford to do 6 months upfront with a rent of around £1200. Again, at what point do you mention this? Before even booking a viewing or when you put an application in?

No, doesn't sound like our landlord!

Thanks so much

SDavies84

nyermen said:

I think OP is saying that the CCJ will only be satisfied this month (arrangement to pay?).

Tricky if so, even the simplest checks to the public record will identify such things (albeit, a satisfied CCJ is much better - note it could take some time for records to be updated once its paid off).

I wouldn't risk lying myself - when I rented, it was part of the contract to check the property every 6 months.  If i'd had someone living with me, it would have been obvious.  Also, depending on the property (flat? house?) the landlord could well be, certainly one of my tenancies, the LL was friendly with my direct neighbours.

Yes, that's correct. CCJ will be completely paid next month. I know it will remain on there for 6 years, I'm just hoping if it says 'satisfied' that might be a tiny bit better??

Exactly, I really don't want to be sneaking around and having to hide all of his stuff if there's an inspection or something! I just don't know whether someone will reject us straight away, even if it's just on my income and have him as a permitted occupier if they know that the reason would be because he had a CCJ?

Bluebell1000

Going via Openrent might help, as a landlord we take direct applications through there and while the landlord may need proof of affordability, you may find they would be more flexible than going via an agency.

From our experience though if a prospective tenant is less than honest on application that is a straight no, so best to give full details about your circumstances.

SDavies84

Bluebell1000 said:

Going via Openrent might help, as a landlord we take direct applications through there and while the landlord may need proof of affordability, you may find they would be more flexible than going via an agency.

From our experience though if a prospective tenant is less than honest on application that is a straight no, so best to give full details about your circumstances.

Thank you. I'm having a look at Openrent and hoping that someone will be OK with renting to us... 😬 In your opinion as a landlord, would you accept someone with a CCJ who was willing to pay 6 months upfront?

Slithery

SDavies84 said:

canaldumidi said:

chanz4 said:

Just dont mention him

OP said:

I don't want to try and sneak around it and get into more problems if the new agency/landlord were to find out!

1) has current LL said he plans to evict you? When? Before or after he starts advertising the property for sale?

2) has LL served a S21 Notice? Is it valid? Have you checked? S21 checklist (Is a S21 valid?)

3) has LL offered to sell to you? Are you interested? Can you afford?

4) has LL mentioned selling to another LL?

5) Are you aware that selling the house does not end your tenancy; you continue on the same tenancy, same terms, just with a new owner/LL to pay rent to?

6) do you want to move?

7) do you realise that just because LL wants to sell he still has to follow legal processes eg to evict you or transfer tenancy to new ower etc

8) Some LLs (admittedly a small minority!) will let to your partner if you are upfront/honest and otherwise attractive (no- that's not Conservative Party speak) eg good salaries, steady long-term jobs etc etc

9) you could rent in your sole name and ask for partner to be named as 'Permitted Occupant'.  Note a) their salary will not be taken into account, so can you afford the property you want on your sole income? b) they have no obligation to pay rent, or for damage caused - that all falls to you as the tenant c) they have no rights as a tenant so if you get evicted so do they.

10) offering to pay upfront (eg 6 months) might (or might not!) help.

ps- this isn't your landlord by any chance....?https://forums.moneysavingexpert.com/discussion/6371570/holding-deposit-and-reference-query#latest

2) No S21 notice, but I guess in our case with the contract running out they don't need to?

5) Again, with the tenancy expiring I suppose this isn't applicable?

Your contract isn't 'running out' - just the fixed term is expiring. If you choose not to renew the the tenancy automatically continues on a periodic tenancy as is your legal right. The LL still needs to serve you with a S21 (which isn't notice that you must leave the property) before taking you to court to get an eviction order. It could well be at least a year before you have to leave the property.

Please read...

Ending/renewing an AST

CurlySue2017

Myself and my OH were in the same position but it was a few years ago so things may have changed.  But yeah, my credit file was spotless, his was um, not! 

In my experience, it really depends who you ask. 

Some agents were fine for me to just go ahead in my sole name, others insisted that we must both be named on the tenancy but of course they wouldn't accept him because of his poor credit history.  If you can go via Openrent as suggested, or maybe find a LL that you can deal with directly, then even better because we found it was the agents that were not happy about it.  We found a property that we rented in my sole name and we are still there now, quite a few years later.

What I would always advise though is to be honest, always. 

If you don't tell the whole truth and it comes out at some point in the future, it may sour an otherwise good relationship with your landlord.  Some probably won't accept you but some definitely will, it may just be a tougher search but it is do-able

Bluebell1000

SDavies84 said:

Bluebell1000 said:

Going via Openrent might help, as a landlord we take direct applications through there and while the landlord may need proof of affordability, you may find they would be more flexible than going via an agency.

From our experience though if a prospective tenant is less than honest on application that is a straight no, so best to give full details about your circumstances.

Thank you. I'm having a look at Openrent and hoping that someone will be OK with renting to us... 😬 In your opinion as a landlord, would you accept someone with a CCJ who was willing to pay 6 months upfront?

Yes, as long as they could show that they were able to afford the rent, we'd probably ask for some copies of bank statements over the past few months as evidence of affordability, along with references of course.

canaldumidi

SDavies84 said:

Thanks for all the questions ☺️ 

1) The landlord has just told us he will be putting it up for sale. Our contract comes to an end in October. Normally we just renew for an extra 2 years each time, but I just guess they won't give us that option this time! probably not but you could a) askfor1 year instead b) ask for 6 months instead c) move to a periodic (monthly rolling) tenancy - no need to ask
2) No S21 notice, but I guess in our case with the contract running out they don't need to? Wrong. S21 isalways needed before the LL can apply toa court tohave the tenancy ended. See link below.
3) Would love to buy it, but can't afford it OK

4) He did say it could be another landlord who bought it, which would be great, but obviously this puts us in a bit of a limbo state Yes. For the LL it means a) probably a lower sale price but b) no need for S21 followed by court action to evict you

5) Again, with the tenancy expiring I suppose this isn't applicable? S21 is always applicable(setting aside rent arrears etc)
6) No, definitely don't want to move! then don't! see link below
7) As above? ☺️  Yes - To evict must serve S21 followed by court. To Transfer Landlord & Tenant Act 1985  section 3 applies (as does Landlord and Tenant Act 1987  section 48)
8) I feel as if we are attractive tenants. We would have a great reference from our current landlord, combined salary of approx £80000. I have been in my job for nearly 3 years, my partner for over a year. It's just getting to that point to be able to explain to a prospective landlord our information. Is there any point in booking viewings with an agency if when they find out, they will just instantly turn us down? When booking viewings, be upfront at the start
9) This is what I'm wondering... I read about permitted occupiers last night while frantically googling! What would be the best approach with this? Just to say he has a CCJ and so it would just be my name on the tenancy? If I could get somewhere for £1000, I think that means I pass affordability? check online calculators But at it's right at the top end, my concern is that a couple who had a combined income of say £90000 would obviously be a more attractive candidate, so I would miss out. Sad but true...
10) We do have some savings and could possibly afford to do 6 months upfront with a rent of around £1200. Again, at what point do you mention this? Before even booking a viewing or when you put an application in? Erarlier the better. Save both you and the agent wasting your time

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Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?