I have a tenacy currently on a fixed term (due to some amendments early in the year) and have been advised that the couple are to divorce. The husband has returned to Romania and left the wife and child.
They have been with me for a few years now and have always paid and been good tenants.
The wife and child would like to stay but I am concerned that she is unable to afford it.
I did read a legal reply to a similar situation that said if one person leaves a joint tenancy both should leave, if that correct?
She wants her husband’s name removed from the tenancy as the council have asked for proof she is living alone so she can pay reduced council tax.
Can anyone give me any advice please.
This is a chicken and egg situation
If she is to have a new contract you need to treat it as a new tenant and do the checks otherwise your insurance may fall through.
Definitely don’t take a tenant without reference checks and a guarantor
Without council assistance she is not likely able to afford it .
You leave yourself wide open to being complicit with potential fraud if it’s made up in order to get benefits.
I understand If the DSS determine fraud you’ll have to pay back the rent
I had a Romanian couple in a similar situation . I was never told of the split and she remained until I increased the rent on the contract anniversary when we were hit with the cost of living crisis a couple of years ago ( post war in Ukraine )
Then she left because she couldn’t afford it alone . Only then she told me they split several months earlier
My point is, benefits were already paying the rent so the split didn’t impact her financially
I think these situations where you are asked to provide a new contract for council assistance are likely fraud
I’ve had other Romanian couples try to get contracts at viewing for immigration and benefits purposes
They need the contract for housing and benefits but without the contract they can’t get through immigration, schooling, benefit’s etc
I’m left to conclude that it’s likely to be some kind of fraud as a single mother with a child got enough to rent at £650 pcm in our area
The husband is still a tenant and liable for the rent although that wont help you much if he moves abroad. You cant end the current tenancy unilaterally. As its in the fixed term, both tenants and yourself would need to sign a deed of surrender.
I think you should do a lot more checking before agreeing to anything. I’d suggest a proper affordabllity check to ensure they can afford the rent you want. If not and you cant afford to compromise on the LHA rate she’d be entitled to, you would need to encourage her to find somewhere more affordable or decude if youre prepared to evict if that doesnt work.