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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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Hello, I have signed a tenancy agreement to let a property

Resolved Question:

Hello,

I have signed a tenancy agreement to let a property for a year, and at the moment I am the only person with their name on the lease. However the second room is being rented out by a colleague and contrary to what I thought would happen and her name go on the lease with mine, the Landlord has said it is fine for her to take the room and everything stay in my name. This makes me nervous as it leaves me very vulnerable to exploitation as I am the only one legally required to make rent every month. I would therefore like to draw up some sort of deed of trust or agreement that we can sign stating she will pay a certain amount each month plus contribute to the deposit and adhere to all the rules in the tenancy agreement she hasn't had to sign. Is there a way I can do this that will make it worth something if the worst was to happen? Any help will be greatly appreciated. Thank you
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was the second room empty when you signed?
Customer: replied 1 year ago.

Hello!


 


Thanks for your response.


 


Yes it was empty but I did tell the landlord that I would need to find someone to take the second room if I took it.

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

In a nutshell, you are right. The original AST has been varied and he should bring that one to an end and sign a new AST naming both of you on the agreement.

However, the fact remains that he is not doing that and the question is what can be done about it. Ultimately you can't force him to comply with the law unless you seek an injunction which would be disproportionately expensive. You could refuse to let this person move in. You are currently entitled to occupation of the entire house under your AST and that will be lost if he moves another tenant in. I realise that you don't want to do that but it might force him to agree a variation.

In terms of deeds of trust, you don't need to incur the expense of that. As long as you gather some form of written evidence that this person agrees to pay the rent and otherwise comply then you can rely on that to sue her. I wouldn't suggest doing that but if thats what you are stuck with then thats what would have to be done.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

Thank you very much for that.


 


I think the written agreement will be enough in this instance, it's not ideal as I would rather her name was on the lease with mine but we're due to move in Saturday so I'll have to draw up something quickly.


 


I guess the upside of this as well is, that if she refuses to sign the written agreement then I can not allow her to move in.


 


Thanks so much for your help, what I wanted to know crucially is that a written agreement is enough to hold up in a court of law if rent stops or she leaves without notice and if it does then I'm much happier, so thank you very much.

Expert:  Jo C. replied 1 year ago.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 65034
Experience: Over 5 years in practice.
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