Husband signed the AST, wife is permitted occupier and right to rent carried out on both. Money has been paid from his bank account until this month when I noticed that it has come from her account. Am I right in thinking that if I accept this, it gives her the right to the tenancy if he were to leave because I’ve accepted rent from her? If so, is the right course of action to him to continue paying and refund her this month’s rent?
That is the way I see it also.
thanks for that… while I’m still interested in the answer the original question, I’ve just found out that the account is a joint account. Only the first part of the joint account name showed on my online banking so it looked like it was her account.
So, where do we stand when the rent is paid from a couple’s joint account if only one of them is named on the TA?
I don’t see it as an issue if it is the same joint account that you received the rent from on day one although I am not a legal expert.
I think when these rules were conceived everyone regularly paid in cash.
appreciate your input … no it’s a new account, hence my concern.
Let’s wait and see what the heavyweights say 
Its by no means automatic that she would gain tenancy rights. I would suggest you write and confirm that you are accepting the payment on the basis that it is made by the tenant, Mr X, and ask them to reply accepting this premise. If they dont, then refund it and ask for a payment from the tenant.
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Thanks David… just to clarify, you suggest writing to confirm that although they have changed payments from an account in his name to one in joint names I accept rent from this new account only on the basis that it is made by the tenant, Mr X?
We have a very good relationship so I’m sure they’ll accept this. I just want to make sure I’m clear on this.
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My solicitor advised under no circumstance take any monies from a permitted occupier when I was considering this. Taking monies implies a tenancy .
Utilities should not be in their name either
I was advised that the courts consider this a tenancy
This you have a statute tenancy not contractual which is way worse
You are liable for council tax drains vermin etc etc
Your contract clauses overriding statute become worthless.
You need to find out what’s going on in your property
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Yes, I think it would be fine as long as you clarify in writing that you are only accepting rent from the the tenant.
Can I ask then…if a tenant goes in to care…unsure if they will return (for example dementia capable assessment) …family pay rent on their behalf during, what can be a long and drawn out process, does that then give their relative a right to take over the tenancy?
No, it would be very difficult for the relative to claim any rights unless theyve been living there and even then its not straightforward.
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I took your suggestion to the N R L A and I thought you’d be interested to know that they disagreed because it would not be legally watertight enough to counter a claim by her that she had been paying rent. I’ve contacted the tenant to see if he still has his original bank account open.
Ok, well that was once considered sufficient, but I guess if enough judges disagree, it becomes too risky. Thanks for the update.
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Heard today that the tenant has made the payment from his original account and will continue to do so from now on. I’ll be refunding the rent payment from his joint account.
Thanks everyone for your advice on here.