In the week of moving in, the couple who intended to move in to my flat have apparently broken up. They were not married. He has a job but she does not. He was able to pay 90% of the rent but has not moved in. They are both on the tenancy contract. She gets some small help from the government.
On move in date I received a carefully legally worded email from the tenant who did move in, requesting to be the sole occupant.
She says she’s ’making arrangements’ to cover the rent. She has not requested a change to the agreement or payment terms. The way her correspondence has been feels odd. Everything written in careful legalistic language. They break up on moving in day? No reason given for the break up. Immediate request to change the contract. No evidence that she can afford the rent. I would prefer to end the tenancy because of the risk that I’m being scammed. I worry that I’ll be stuck with this tenant going forward, and she will have issues paying.
I received the deposit and the first month’s rent, and it has not been a full month so the second month’s rent is not due for another month.
Can I end the tenancy on the grounds that the occupant does not achieve the financial requirements on her own?
It’s likely that they never intended ot move in together. Sorry that you’re in this situation.
But, he remains jointly liable for the rent even if he doesn’t live there if they’re both named on the tenancy agreement. At the moment, you’re anticipating a problem that hasn’t occurred. It may be that he will help her to pay the full rent if she needs help topping it up. Of course, it may be that she won’t get that help and then become unable to pay. Only time will tell.
I would have a frank face to face discussion with her which I would tell her I was audio recording when I sat down. In that conversation, I would say, well if he’s not going to be here and you’re going to pay, why not end the previous tenancy by deed of surrender and start again with just you on the agreement. That should force her to show her hand. She really won’t want that if she knows she can’t afford it. If the relationship genuinely has broken down, she’ll be open to that. That could give you some insight as to how to proceed.
Either way, you need him to agree to surrender the tenancy along with her if you want to continue just with her. No matter what the AST says, as long as you all agree, you can get a deed signed and witnessed to that effect. And, guess what, at that point, you could simply say that you’re not willing to house her and I believe she’d not be able to challenge it.
That’s sneaky and it could backfire so let’s see what others advise.
Although you are right to be concerned, this is someone who previously you would have been happy to accept as a good new tenant. They have moved in when clearly before that were in a process of breaking up so not a great start as they have obtained keys despite not being sure about future ability to pay
Dont take him off before you have got proof she can pay. Simples.
I wouldnt hold against that youve received a letter written in a legalistic way. Suppose she hadnt told you at all? You might never have known till there was an issue with month2 rent , or not known at all. She hasnt asked for a reduction and is aware full rent will be due and looking to sort that out, which is what youd expect an honest person in an unfortunate situation to do.
In these circumstances you could reasonably arrange to meet both, and
A) say that due to a breakdown in trust, you want them to surrender the tenancy to end in 1 months (mid march) you will re-market it and single tenant can apply again if she will then be able to pay the rent -
B) Meanwhile both remain jointly liable
C) If they dont agree you will need to evict them instead and pursue both for any rent arrears and legal costs which could be high and will make it harder for both of them in future when that goes on their record
Alternatively you can
A) just meet her, listen, be sympathetic, ask what she will be doing by when to cover the extra rent, what savings she has / what ability to cover meanwhile, whether you can re-reference her to check whether she can afford on her own at moment. Ask if she can provide a guarantor. Explain they are both still jointly liable
B) if she can afford herself or provide a guarantor, get RGI as cover; if not serve s21
Remember you can claim back cost of any rent arrears and cost of remarketing from deposit (need to word deed if surrender to allow this get legal advice) - tho dont tell them that
It’s possible she plans to ask for housing benefit. You can check the LHA rate for a one bed (assuming this is the size) in your postcode. If this will cover your rent that’s v lucky. If not and shes going to have to make up the difference and tell you/the affordability check how. In either of those circumstances basically the income of those living there has changed. Even if he can still afford to subsidize he still has to pay to rent somewhere else… and not living there so may feel less compunction to pay up. So a s21 may well be the best route.