My tenant moved in about 3 months ago and he wishes to add his girlfriend to the tenancy agreement as he has informed the council that she has moved in, and they have asked to see her name on the agreement.
I am not sure if she is actually classified as a joint tenant, as I think he is solely responsible for the rent because she is recovering from surgery and is not working.
I’ve never had this dilemma before. What is the position?
Many thanks for any advice you can offer
Why do they want to add her to the tenancy agreement? And what’s it got to do with the council? If she is not working and can’t pay the rent there is no advantage to you having her on the agreement. I would just say no.
If she were to go on the tenancy, then if he left she would not be able to pay and you would be stuck… the council will accept her as being there without the name on a piece of paper as they will now get full council tax
I agree but the council have asked to see a copy of the TA with her name on it! I think I need to call them and clarify why.
Hi Sue, it sounds like there’s no need for you to do anything here, unless you want to do your tenant a favour.
Having said that, it is sensible to include all adults living in the property on the tenancy agreement, because this makes things clear legally. Is your tenant’s girlfriend is already living in the property already anyway? If so, then consider if the boyfriend leaves and stops paying the rent (i.e. they surrender the tenancy) but the girlfriend wishes to remain. Unless she is on the tenancy, it is not at all straight forward as to how you would repossess the property in this case if she refused to leave.
Sam