How to deal with AST and two thirds split of rent?

by Readers Question

10:49 AM, 14th September 2015
About 3 years ago

How to deal with AST and two thirds split of rent?

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How to deal with AST and two thirds split of rent?

If the lease states a flat can only be rented out as a whole unit rather than by rooms, would the below pose an issue or how I could overcome.thirds

– Family of 4
– Each parent has their own child from a prior relationship
– One parent will pay 2/3 of the rent

Should the AST just be addressed to the main parent covering the bulk of the cost, in order to avoid any issues with the “renting as a whole unit vs by room”… Or do I name him as the lead tenant and this somehow keeps the leasehold in adherence?

Thanks for your thoughts, I clearly have no clue!

Regards
Ray



Comments

Emerald Legal

12:37 PM, 14th September 2015
About 3 years ago

Hi Ray, if I were you, I'd just use a standard assured short hold tenancy agreement and name both parents as joint tenants and leave it up to the tenants as to who will pay what. Kind regards, Anna

Ray .

13:29 PM, 14th September 2015
About 3 years ago

Thanks Anna good idea, I will also include some text referring to the Leading Tenant

Guidance Note: Joint and several liability.
Joint and several liability means that where there are two or more tenants or landlords under this agreement, all of the named tenants or landlords will be ‘jointly and severally liable’ for the tenants’ or landlords’ obligations. That means, for example, the landlord can take legal action against any or all of the tenants for any breach of the agreement by any of them. This means each tenant is also responsible for their fellow tenants’ share of the rent and other obligations.

Ray .

13:32 PM, 14th September 2015
About 3 years ago

Both children are under 2 years of age, presume I wouldn't need to list them as occupants in the AST?

Such a shame one of the potential tenants background just came back with a CCJ of £3000 back in Q2 2014...will try find out if this has now been cleared or the context etc

Emerald Legal

13:36 PM, 14th September 2015
About 3 years ago

Reply to the comment left by "Ray ." at "14/09/2015 - 13:32":

Yes, no need to name any children on the tenancy agreement. Shame about ccj! Could perhaps ask for a guarantor also? Kind regards, Anna

Ray .

13:41 PM, 14th September 2015
About 3 years ago

If a background check brings up a CCJ...how do I find out if it has been cleared up now?

By merit that the report shows is CCJ does it mean the amount is still outstanding or could the tenant have cleared this mess up between then and now?

Emerald Legal

13:50 PM, 14th September 2015
About 3 years ago

If it isn't marked as 'satisfied' then it's most likely still outstanding. It could be possible that it has been paid but not updated but you'd need to see some solid proof!

Ray .

14:33 PM, 14th September 2015
About 3 years ago

Brill thanks Anna, am requesting the background and eventually proof...

If I were to add a guarantor, do I just include another dotted line at the bottom and include relevant guarantor blurb (il download from a site) or is this a separate new form I need to provide?

Emerald Legal

14:34 PM, 14th September 2015
About 3 years ago

Reply to the comment left by "Ray ." at "14/09/2015 - 14:33":

No problem Ray! You can either incorporate into AST or have a separate guarantee agreement - either is fine.

Teg's Dad

19:51 PM, 14th September 2015
About 3 years ago

Having recently dealt with Guarantors for students, make sure that you advise the guarantor/s, in writing, that the tenancy is on a "joint and several liability" basis. Having just gone through this with a student let and had the usual complaint of, "I don't mind guaranteeing my sprog;s share, but I am not guaranteeing the whole rent" conversation, you need to ensure that they are fully aware of their potential liability. Failure to do that could cause problems with consumer protection regulations.

We have the same conversation every year with at least one Guarantor. I would suggest you also make it a condition of the tenancy that rent is paid by SINGLE standing order. That reinforces the concept of joint and several liability.

Ray .

20:10 PM, 14th September 2015
About 3 years ago

Thank you both, great point on the single standing order, I will add that bit of brilliance in!

Was trying to think of the logistics of all this. I have so far only met one of the tenants, but will meet the other shortly...when it comes to actually signing...if I have everything on one document how do you organise this if there is a guarantor? Do I email them 4 copies of the contract and they first get the guarantor to sign and then they both sign, with myself signing all 4 copies when they hand it over in person?

Will include that side letter if I proceed with the guarantor route.

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