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Query re taking over of tenancy (probably a query for landlords/rental agencies)

Hello, I would just like to get some peace of mind (hopefully) before I discuss with the letting agents. I rent a private house with my dad, we've been here for 4 years, we split the rent, I'm in full time employment, my dad is retired on a state pension and guaranteed pension credit. Now we have the money saved for a deposit my fiance and I are going to start looking at houses to buy which will mean leaving my dad (which gives me sleepless nights but it's life), he loves the house and garden and wants to stay here, he's 74 and doesn't want to be moving from somewhere he now considers home.  
My query really is if anyone has been in this position or had tenants in this position, I will of course have to give up my part of the tenancy and my dad will take it over, I'm so worried this will be an issue but I would really hope not, we've never not paid rent on time, he can afford the rent even though he's only on state pension and pension credit and the way I see it is the worst case scenario for a landlord is a tenant can't pay rent and therefore the landlord just gives notice for them to leave (that would never happen, of course I'm just saying that's the worst that can happen for the landlord?).  I think I'm most nervous about it because I need to have the conversation with the letting agent rather than the landlord, if they are difficult though I would of course ask to speak to the landlord direct. 
Any advice or just confirmation that this is likely to work out would be great  :)  I hope I'm panicking for nothing! 
Thank you. 

Comments

  • propertyrental
    propertyrental Posts: 2,511 Forumite
    First Anniversary First Post Name Dropper
    edited 11 March at 7:41PM
    From the LL's perspective he's going from a position where he can (if necessary) chase either (or both) of two people for rent arrears, to being able to chase only one person who has a limited income.
    You say "the worst case scenario for a landlord is a tenant can't pay rent and therefore the landlord just gives notice for them to leave" but actually that is a time-consuming and costly course of action for a LL, with no guarantee that even if/when he evicts the tenant he also gets back the arrears.
    You could of course offer to act a 'guarantor' for your father ie he becomes the sole tenant but in the eventuality of any rent arrears or damage the LL could demand it (via the courts if necessary) from you as Guarantor.


  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,060 Forumite
    First Post First Anniversary Photogenic Name Dropper
    njc1325 said:
    Hello, I would just like to get some peace of mind (hopefully) before I discuss with the letting agents. I rent a private house with my dad, we've been here for 4 years, we split the rent, I'm in full time employment, my dad is retired on a state pension and guaranteed pension credit. Now we have the money saved for a deposit my fiance and I are going to start looking at houses to buy which will mean leaving my dad (which gives me sleepless nights but it's life), he loves the house and garden and wants to stay here, he's 74 and doesn't want to be moving from somewhere he now considers home.  
    My query really is if anyone has been in this position or had tenants in this position, I will of course have to give up my part of the tenancy and my dad will take it over, I'm so worried this will be an issue but I would really hope not, we've never not paid rent on time, he can afford the rent even though he's only on state pension and pension credit and the way I see it is the worst case scenario for a landlord is a tenant can't pay rent and therefore the landlord just gives notice for them to leave (that would never happen, of course I'm just saying that's the worst that can happen for the landlord?).  I think I'm most nervous about it because I need to have the conversation with the letting agent rather than the landlord, if they are difficult though I would of course ask to speak to the landlord direct. 
    Any advice or just confirmation that this is likely to work out would be great  :)  I hope I'm panicking for nothing! 
    Thank you. 
    If you're joint tenants then you don't have a part of the tenancy to give up, that's not how it works.

    You may think he can afford the rent but unless you live in a very cheap part of the country I doubt someone receiving the state pension and pension credit would pass most affordability checks.  Is the current rent in line with the local market or having lived there for 4 years has it fallen behind?

    The worst case scenario is not the landlord having to serve notice to leave.  The worst case scenario is the landlord having to serve notice, go to court for a possession order and then appointing bailiffs because should your father fall into arrears and he goes to the council for housing they will expect him to hang on to the bitter end.  Also, being on a low income there is next to no chance of the landlord being able to recover the arrears.  Another, somewhat grim, consideration is your father's age.  I hope he has many good years ahead of him but should he pass away the tenancy will still continue and if his estate is insolvent at the time of his passing that potentially means rent arrears.

    If I were your landlord I might consider a sole tenancy if you were to act as guarantor.  However, the best thing to do might be to say nothing and remain as joint tenants on paper whilst you move out.
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