Tenancy in one persons name only?

Tenancy in one persons name only?

10:47 AM, 28th March 2022, About 2 years ago 29

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I’ve had a couple of tenancy applications recently each involving a couple where they’ve requested the tenancy be taken out in one of their names only. It transpires that in each case, the person they want to leave off the tenancy has poor credit history which explains a lot. The other applicant on each respective application has a satisfactory credit history and salary which easily meets the affordability criteria.

I’m personally not comfortable with only one applicant signing the tenancy for the following reasons:
1) If the couple split up and the person who’s on the tenancy decides to leave thereby leaving the unnamed person on the tenancy in the property, what legal recourse would I have to evict if she couldn’t pay the rent, particularly as their credit history is poor and she isn’t even mentioned on the agreement?
2) Even though the named applicant may have a good credit history and can afford the rent, his partner may have access to his funds (e.g. joint account) thereby presenting a risk of non-payment of rent.

Maybe I’m being overcautious but would welcome any thoughts from other members.

Leah


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Comments

Graham Bowcock

9:20 AM, 29th March 2022, About 2 years ago

I've never used the Permitted Occupier route as it seems pretty pointless. In terms of tenants you need to make sure you've got someone you can pursue if it goes wrong; as for partners/husbands and wives it's best to name them both as tenants in case one leaves.

Once a tenant is in residence I don't see why you would restrict who lives in the house; once they're in the landlord loses that element of control anyway. If the Permited Occupiers change there's nothing you can do about it.

chris

12:47 PM, 29th March 2022, About 2 years ago

Reply to the comment left by Leah Pemberton at 28/03/2022 - 15:13
How do you Know doing a credit check wont tell you something you don't already know in that case why do one on a tenant that tells you there credit score is perfect ?

Ray Davison

15:07 PM, 30th March 2022, About 2 years ago

Reply to the comment left by Graham Bowcock at 29/03/2022 - 09:20I think the important issue everyone has forgotten here is the Right to Rent legislation. We need to know who is living in our properties and therefore I want everyone as either named tenants or permitted occupiers.
I make it quite clear that no-one is allowed to live in the property unless named. Partners staying over is allowed but not as residents. A simple check, they should be registered elsewhere for council tax.

david porter

16:57 PM, 30th March 2022, About 2 years ago

It has been on my mind for some time that our worst tenants have ben the most stupid individuals.
With that in mind the US military require an IQ of 83 to be able to join.
An IQ of lower than that seems to mean that those people struggel with daily life. Can I impose on IQ test on potential tenants?
Or perhaps there is another way.?

andrew sheppard

9:23 AM, 2nd April 2022, About 2 years ago

I think you have to go with your gut feeling, however......would you let to s single parent with a child? Then they find a new partner who moves in...?
I have let property in similar circumstances to yours, my applicants were upfront about ccj in one name etc. I still checked both to prove what they said was true and still put both on tenancy, had a parent as guarantor, they were good tenants who respected us for giving them a chance. Sometimes in a previous relationship debts occur and people need to move on, my tenants ex had built a huge debt in her name etc. Good luck.

Jaff

9:33 AM, 2nd April 2022, About 2 years ago

I had this I the second tenant signed a document to agree to leave the property if the other tenant left. Found out that she was claiming to be single fir benefits. Then I reported her as a benefit cheat

Ray Davison

10:58 AM, 2nd April 2022, About 2 years ago

Reply to the comment left by Quentin Jefferson at 02/04/2022 - 09:33
' Found out that she was claiming to be single fir benefits.'

A very common scenario

Jessie Jones

11:16 AM, 2nd April 2022, About 2 years ago

Use your personal judgement and knowledge of the reason for the CCJ. Had a similar scenario myself. Guy had great credit history, girl had a CCJ for a mobile phone contract taken out in the name of a previous boyfriend. I agreed to a joint tenancy on the basis that the guy was clearly very sensible, and that if they ever split up, he would have to give notice, thereby bringing the tenancy to an end, or continue to be liable if he didn't give notice.
They've proved to be great tenants, keeping the house immaculate, and always paying on time. However, should the guy want to leave, I would not agree to the girl being a tenant in her sole name.

Pramila

11:49 AM, 2nd April 2022, About 2 years ago

Be careful and please don't do it or add
another person's name on tenancy contract without reference check and affordability. Also I would suggest that you check the references employement by yourself as so much fraud going on at the moment.

Friend of mine got the tenant under the husband name through the estate agent.
Once the tenancy contract was signed his wife demanded the they want a new tenancy contract under both name and estate agent created another with two copies without asking landlord but when landlord requested the full reference of his wife they were refusing.
Then after checking we found out The wife is a struck off lawyer and she did the employment reference and so was using her clients money.
Then they moved in property and creating so much problems. Even with s8 notice unpaid rent now they want to put counter claim on landlords and saying they are getting housing benefits.

Even I used the reference company and even after tenancy the tenant has caused the problem and noticed it's the employment reference fraud

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