ChatterBank2 mins ago
Do I have to have a joint tenancy?
Hi all,
I plan to move in the next month or so and my friend is coming with me. My question is do we have to have a joint tenancy at the new property or can I still do it on my own if she is living at the property with me. I know this would make me liable for all things connected with the house and i am ok with that. Just want to check that legally I am allowed to still have her there?
thanks
I plan to move in the next month or so and my friend is coming with me. My question is do we have to have a joint tenancy at the new property or can I still do it on my own if she is living at the property with me. I know this would make me liable for all things connected with the house and i am ok with that. Just want to check that legally I am allowed to still have her there?
thanks
Answers
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Hi Leggo
It is a long time since I rented property. Nearly 40 years ago in my student days.
The landlord did want to know who was in the house for insurance purposes as it can make a small difference in the amount of premium payable.
I can also remember a clause stating if the named tennants passed away the tenancy is terminated.
I hope this does not happen but if it does the occupier which is not on the agreement may find he / she can not get in the property.
I also think it is a case of looking at your tenancy agreement. Most allow for guests but many do not allow for permanent residets.
Oddly enough our land lord did ask us to notify him of any overnight guests in case anything unforseeable happened but he never refused to let them in.
We never had more than 2 but he may have objected if we notified him of say 12.
Another problem could happen if a tennant was injured because of property defects. If they are not on the agreement they may not be covered on the insurance.
Martin
It is a long time since I rented property. Nearly 40 years ago in my student days.
The landlord did want to know who was in the house for insurance purposes as it can make a small difference in the amount of premium payable.
I can also remember a clause stating if the named tennants passed away the tenancy is terminated.
I hope this does not happen but if it does the occupier which is not on the agreement may find he / she can not get in the property.
I also think it is a case of looking at your tenancy agreement. Most allow for guests but many do not allow for permanent residets.
Oddly enough our land lord did ask us to notify him of any overnight guests in case anything unforseeable happened but he never refused to let them in.
We never had more than 2 but he may have objected if we notified him of say 12.
Another problem could happen if a tennant was injured because of property defects. If they are not on the agreement they may not be covered on the insurance.
Martin
With an Assured shorthold tenancy you can have sole tenancy or joint tenancy if the landlord agrees, there is more security for both of you if you are joint tenants, it will be important to make clear who will be living at the property and this should be reflected in the agreement as an express provision if you choose a single tenancy.
be carefull with this , very careful-
Joint tenancy =
Under this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner. This type of tenancy would not be appropriate for friends buying together.
Tenancy in common =
This is the opposite of joint tenancy in that the tenants in common each have a definite share in the property. For example A and B could own the property in equal shares, or A could own one fifth with B owning four fifths. This would be the most appropriate agreement where people want to own a property in separate pre-determined shares.
Joint tenancy =
Under this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner. This type of tenancy would not be appropriate for friends buying together.
Tenancy in common =
This is the opposite of joint tenancy in that the tenants in common each have a definite share in the property. For example A and B could own the property in equal shares, or A could own one fifth with B owning four fifths. This would be the most appropriate agreement where people want to own a property in separate pre-determined shares.
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