Partners landlord agrees for me to move in but the letting agency doesn't...where do we stand?

My partner has been renting her property for 3 years, and has a fantastic relationship with her landlord. Things have progressed with us fantastic and we are at the point of wanting to move in together.

Having spoken with her landlord, they are more than happy with it. Fully informed that I am disabled and on benefits since Covid, and completely unable to work, they are also aware that there is a ccj from 3 years ago under my name. No payments have been missed since becoming aware of said ccj with a payment plan in place, and my current landlord of 3 years has a sent a glowing reference for me having had no issues or payment problems at all.

Both me and my partner are aware this could mean that the landlords insurance could change, but they are fine with this (the letting agency not so much, quite simply stating my moving in would invalidate their insurance)

The letting agency was informed of all the above at the time of the request to amend the tenancy agreement and before referencing took place but still turned down the approval of the amendment and me moving in.

Whilst asking the letting agency about the options we can take, and also if the landlord can still agree to me moving in with my partner regardless of the referencing done by the letting agency, they replied:

"Sadly, we can’t just add XXXX based on the landlord agreement, as your landlord has agreed on the basis that satisfactory references have been obtained’

As the letting agency works for the landlord, my partner living there for 3 years plus and having already gone through this then (and now again), we arent too sure is this is holds weight ans actionable, or if we can inform the landlord and they can pull them up on it?

Any advice if the statement is accurate or legal etc would be hugely beneficial. Thanks in advance.

Seems that you have failed referencing on account of CCJ and possibly affordability. Landlord insurance would be invalidated.

Perhaps volunteer a guarantor if possible, you could also ask to move in as a permitted occupier.

You could offer to reside there only as a Permitted Occupier, rather than as a tenant and this shouldn’t then change anything. Obviously it won’t work if you are planning to claim housing allowance as part of your benefits.

Agree with David - the permitted occupier route should work. Also it could be unwound easily should your living together not quite go to plan.

They are just letting agency and what they’re talking is rubbish because I moved in with my mother and her partner many years ago and I was added to the tendency after it had been signed so they are talking rubbish. Secondly the house belongs to the landlord it’s his decision not the letting agent and if you have been given me ok by the landlord I would recontact him and ask for it in writing as letting agent has been very aggressive about it. Once you have it in writing there’s nothing stopping you moving in because letting agents have no power whatsoever it’s the landlord’s decision not the letting agent.

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