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Paying rent & all bills and utilities, private landlord, not named on tenancy

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Author Topic: Paying rent & all bills and utilities, private landlord, not named on tenancy  (Read 95 times)
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Posts: 3

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« on: August 02, 2021, 11:42:26 PM »

Hi all,

I am looking for some advice;
I have been living in rented accommodation for the last eight years.

I was never named on the tenancy and it was only in the name of my partner.
I have been paying rent directly from my own bank account every month for 8 years with no problems.

My partner has never contributed to these things. As far as I'm concerned this is my home I have even corresponded with the landlord directly on occasion. I asked my partner after the first year and several times since to have my details placed on the tenancy she had always refused.

Now me and the partner are separating after an affair on her part, I am the main breadwinner, my partner would like me to leave. We have two children under ten. She's been gone now a month but refused to allow me to contact the landlord to add my name to the tenancy.. after a while of begging to no avail I have emailed the agency "purple bricks" explained this entire situation in the hope I can liaise with the landlord. I have continued to pay rent as I didn't want anything to default.

Currently the tenancy agreement in my ex partners name is defaulted to a rolling 30 day contract after the initial 2 year fixed term.

Do I have any rights? Will the landlord be able to add me too that tenancy considering I would have a verbal agreement based on "consideration?"

I would like to continue on I the household long term, clearly my payment history shows this would be beneficial to the landlord, my partner would need to claim housing benefit to pay the rent, which alone would not cover the entirety of the rent as it stands. I imagine it would be less risky and in the landlords best interest to allow me on a tenancy I imagine?

My partner is now switching between she's going to call an end to the lease but other times not, at the moment I'm not trying to stop any one access etc because I don't want to infringe on any rights
.
Would that landlord Have to serve me a section 8, even if I'm paying rent?
If so what rights do I have? Would the landlord require an IPO to evict me?

I'm worried of being forcefully evicted.any info or advice will be greatly appreciated.

Hero Member
Posts: 640

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« Reply #1 on: August 03, 2021, 12:03:51 AM »

By "partner", are you married or in a civil partnership? Where about - England, Wales, Scotland, Northern Ireland, rest of the world?

Who's living there at the moment? Is it you, you and the kids, or all 4 of you?
Newbie
Posts: 3

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« Reply #2 on: August 03, 2021, 12:33:06 AM »

Thanks for the reply sorry I will try and give as much information as I can and answer your questions below;

By "partner", are you married or in a civil partnership? = Neither
Where about - England, Wales, Scotland, Northern Ireland, rest of the world? = England
Who's living there at the moment? Is it you, you and the kids, or all 4 of you? = She has been moved. Out the last 33 days, I have the kids here 3.5 days per week.

Thanks
Hero Member
Posts: 640

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« Reply #3 on: August 03, 2021, 12:56:07 AM »

You don't really have any rights as you're not a tenant and not married, but your ex-partner if they were sensible wouldn't want to push you either as you can just stop paying rent without any negative legal or financial consequence to you since she's the one that will owe the money as tenant.

If you're in communication with the landlord/agent and think they're reasonable and she wants to threaten to give notice to end the tenancy, tell her to go ahead. The landlord will then have no obstacle to granting you a tenancy in your name to start immediately after. This will actually be the ideal solution for all concerns.

For the landlord to end the tenancy, they would have to serve your ex-partner notice. Section 21 is currently 4 months, going back down to 2 months (based on the last press release I read) on 1 October. Then they would have to take your ex-partner to court for a possession order, get a warrant, and finally evict with bailiffs or High Court enforcement officer.

I would not want to comment on legalities if your ex-partner suddenly decide you must leave the property though. That's probably something you should take proper professional advice on.
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« Reply #4 on: August 03, 2021, 10:52:03 AM »

My partner is now switching between she's going to call an end to the lease but other times not...

To echo the other comment, somewhat... I think this is actually your best option. Currently, as someone who lives there (effectively as a guest of the Tenant) you have no rights. If the Tenant ends the tenancy then I would be manoeuvring in the background, quietly but purposefully in having a level-set conversation with the Landlord... try to obtain agreement from the Landlord that if this tenancy ends, you will happily sign another one immediately, leaving the Landlord with no void period and - realistically - no change in occupation. If you get that you should be golden. Whatever happens there will be some admin. for the Landlord to do - that is hardly avoidable, but try to limit it... I suggest this will end up with the outcome of the tenancy ending, the current Tenant not being the Tenant and you (currently nothing, really) becoming a new Tenant, with a new tenancy. Landlords are aware relationships can break down... for them it's an inconvenience too... if there is no real change for them, then they'll actually be happy.

You already know how to contact the Landlord (or do you?).
You can already prove you have been paying the rent (bank transfer records) for years.
They should be happy.

I would then try to cleverly incite (manipulate) your ex-partner, the Tenant, into acting on her threats and issuing her own 1 month notice on the Landlord (to make things move along quicker and no reduce the effort the Landlord has to do - no Section 21 required - 4 months / 2 months). I can imagine that heated conversation right now... it would be a lot of fun.

It is a pity there is an Agent in the middle of this. If it was a conversation between adults I feel it would be quite quickly resolved as I describe.
« Last Edit: August 03, 2021, 11:00:15 AM by Hippogriff »
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« Reply #5 on: August 03, 2021, 11:40:31 AM »

Guys, thanks for your comments they are extremly helpful.
Actually there is a letting agent involved "purple brickks" i say letting agent but we never really communicate with them, all communication has been done directly to the landlord previously. but i know the contract / deposit was all arranged via them.

since i clearly couldn't resolve the situation alone, i did explain the situation in an email to the agent. i explained that i am willing to continue paying rent as i have been and i am happy to start a new contract tenancy or add my details.
my hope is the landlord will want to make a decsion that makes the most business sense and gives himself the less exsposure to risk, i guess outside of this i have no recourse.

online information has been conflicting i have read that since payment was accepted and clearly from myself that it gives me atleast some evidence i have lived here all along, I know on its own its not really a thing but i can also show utlity bills, council tax etc. its my own fault for not insisting on tenancy agreement change it always just seemed easier to not push. I did try and cover myself with a cohabitation agreement but its since gone missing and i have no other copy so not really worth mentioning.

Im on borrowed time and i will await to see a response from the agent. again thanks for all the help.


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