Adult child and tenancy agreement

ROYALOAKGOBLIN

Hi there, I am wondering if someone can help clarify. My son has decided not to go to university. I have been renting from the same landlord via an estate agency for over 8 years. Does he have to go onto the tenancy agreement? He has been a dependent until now. I find it confusing. Some Boroughs state that it is not common and usual for a child to be on the tenancy agreement. While others say it is the law now. The estate agency I have visited ( looking to move away next year maybe) says that he has to be on the agreement.. conflicting messages. I don't understand. 


 If my child is on the tenancy agreement does this mean he is also a joint tenant and liable for all of the rent? My issue is he wants to go to uni next year. Can the agency force me to do this? 

Is his name on the tenancy agreement different to me being 100% liable for rent payments, as the sole tenant. 




  

tacpot12

If your  child is added to the tenancy, that means he is a joint tenant and jointly & severally liable for the rent (i.e. he is liable for all the rent if you pay none). 

His name being on the tenancy agreement is no different to you being 100% liable for the rent payments as a sole tenant because you would remain liable for 100% of the rent. Addiing them to the tenancy also makes them 100% liiable for rent.

There is no law (that I'm aware of) that would require that adults are added to Tenancy Agreements, but your tenancy agreement probalby requires you to request permission before you let any adult move into your home. This permission will often be withheld if the landlord wants the adult to become a joint tenant.

You should check to see if your tenancy agreement says anything about what happens when a child who lived at the property becomes an adult. If the tenancy agreement says that they must become a tenant, you would be in breech of the agreement if you did not ask them to become a tenant and they did not agree. 

If the tenancy agreement is silent on what happens when a child becomes an adult, I would suggest that you ignore the estate agent in the hope that the Labour Government's proposal to reintroduced a bill that would eliminate Section 21 evictions from the Housing Act. While you could be evicted for breech of your tenancy agreement, if the agreement is silent, then you can't be in breech.

I agree it's a ood idea from his perspective not to go onto the tenancy agreement if he is going to be away for three years from September 2025, but from the landlord's perspective is a bad idea not to have him on the agreement, so it will depend on how hard the landlord wants to push you and whether the tenancy agreement already has a clause that requires him to go onto the agreement when he became an adult. 

theartfullodger

The agency and landlord cannot force to sign any new agreements nor agree to any changes.

But, equally, they can (currently) try to evict you/all occupants for no reason at all (Thatcher's section 21).

Joint tenants are all liable for ALL the rent   (up to as long as someone(s) pays the whole lot 

Myci85

I believe adult children can be named on the agreement as permitted occupiers, though don't quote me on that. My son recently turned 18 and my letting agent said that they would normally name him on the agreement at that point, I'm sure as a permitted occupier, but as we're leaving soon and on a periodic tenancy instead of signing a new agreement, they didn't bother. 

Maahes

My children (35 and 36) were on my last tenancy as Permitted Occupiers, not joint tenants as they weren't liable for the rent. The letting agents specifically asked for the names of all adults over 18 who would be living at the property.

theartfullodger

And should have checked they had right to rent (government kipper-like shifting blame for immigration...).

My mother was an immigrant... English heritage back to 1500s....

ROYALOAKGOBLIN

Thankyou, this helps alot. I am pre-empting things, and feel more informed ..shall see how visit goes next week

lincroft1710

If your adult child goes on the tenancy then you will both be jointly and severally liable for the council tax payments

ROYALOAKGOBLIN

Thank you all! There was nothing in my contract, there was no mention of changing it. I can get on with living now. It was so stressful and I appreciate all of your comments. So so helpful!!