Landlords Alliance – Emergency Euro Elections Statement21:09 PM, 21st May 2019
About 6 days ago 77
We have a married couple with children as tenants in a house. The husband’s mother is gravely ill and the husband will move out to live with his mother for an indeterminate time period so the tenants have asked for the husband’s name to be removed from the Tenancy Agreement. We assume this is so the wife can claim full housing benefit in our area and the husband can claim some benefits while living in another council area.
Should we draft a new AST in only the wife’s name and would this start another 6 month AST term?
We are currently thinking that instead we should write a letter as an amendment to the existing TA stating that due to these circumstances the husband will move out and relinquish any rights to the property and deposit until such times as the situation changes and the husband returns. Then we could have a new amendment when the husband returns. We are quite happy with the tenants as the rent is paid on time and communication both ways is good.
In another property we have a single mother on housing benefits and because she had previous difficulties the council is paying us directly. (It was a domestic violence situation and social services helped to re-home her). She is now proposing that her (new) boyfriend move in with her but we are concerned that this could change the whole benefits rights situation and we may lose the ‘security’ of the council paying us directly.
Do we have the right to refuse to have the boyfriend on the TA and if he moves in anyway what rights would he have in the longer term? We could envisage a situation where we might want to terminate the tenancy but the boyfriend may have squatters rights.
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