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How important are names on tenancy agreement?

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Author Topic: How important are names on tenancy agreement?  (Read 93 times)
Newbie
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« on: July 07, 2021, 01:23:58 PM »

I have a tennant who has been in place for just under a year. I am about to issue a new agreement for the next year.
The original agreement was in her name, and listed her son (12 ish) as living there.

Over the last year, I am reasonably confident her boyfriend/partner has been living there full time, and now I have heard from neighbours that her daughter (15/16 ish) seems to be living there full time as well.

She's a good tennant, and I'm confident she is in for the long term. My question really is how important is it to have all the names at least of the adultts on the agreement? What are the ramifications of the partner living there but not on the agreement?

Do I need to worry?

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« Reply #1 on: July 10, 2021, 08:55:36 AM »

You seem quite surprised that her fifteen year old daughter is living with her. I'm surprised at your surprise. I thought that was generally how it worked. As for the names of adults going on the Tenancy Agreement... forget children, "they do not go on ze list you are compiling"... it's a good idea for joint and several liability... but it's also possible for an adult to have nothing to do with paying the rent.

If you have concerns, but think they're in for the long term, then why re-sign a new fixed term? Let it go periodic and give yourself some flexibility.
Newbie
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« Reply #2 on: July 10, 2021, 04:55:21 PM »

Thanks Hippogriff

No, not surprised, daughter was originally living with her father.

OK, so if I discount the kids, are there any consequences of an adult living in the property but not on the tenanacy agreement? Will it be an issue at end of tenancy for instance? First time renting, so just interested in learning and making sure i'm not creating an issue in the future.

As for issuing a new agreement or going periodic, still not sure which way to jump on that to be honest!

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« Reply #3 on: July 10, 2021, 05:47:50 PM »

If an adult is living there and their name is not on the tenancy agreement... they're not responsible for paying the rent, or maintaining the property. The real Tenant can ask the other non-Tenant Tenant to leave if they wish.

If all adults living there have their name on the tenancy agreement... they're jointly and severally responsible for paying the rent, and maintaining the property. All Tenants have the same rights. If one Tenant ends the tenancy, then they end it for all.

On the other question, I'd go periodic.
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