Private landlord: advice please!

[cinders29]

Hi,

My friend has been accepted for a tenancy on a house, its a 2 bed house and its £500pcm. He got it in his name due to the fact that it was £100 processing fee per application from the letting agency as they do a credit check and I know my credit history has a default. Although everything has gone through he is just waiting for the house to be cleaned before he can sign the credit agreement, pay deposit and move in.

 

Although he can afford to live there he wants me to share the house as I am looking for a place to live. I am on job seekers allowance at the moment and wanted to know what are the rules on claiming housing benefit if I was to move into this property and become a lodger or similar. I would then be responsible for half the rent & bills etc.

The listing did not state "no DSS" but my friend would be working full time but the extra help from me would help alot.

 

I have read the Housing Benefit forms and notice they require agreement from the landlord before any claim can be considered.

 

My questions are:

1) Can the landlord refuse point blank to accept another tenant at the property especially if a HB claim is about to be made.

(if this is the case what if my friend got married and/or took in a partner?)

 

2)If the landlord agrees, would the HB people deem £250pcm rent for a share of a 2 bed house acceptable? (i'm over 25)

 

3)Are there strict rules on private tenants sub-letting? Or how could we persuade the landlord to accept?

 

In understand the landlord can easily evict us both if I moved in or claimed without his consent.

Any advice especially from landlords would be appreciated!

[faceforradio]

Cinders

 

I'm an Estate Agent and also own a couple of investment proeprties, so should be able to answer this for you.

 

1) Yes, the landlord is entitled to refuse anybody for his property, whether it be the case that the applicant is paying through HB or just that he doesn't like the look of them.

 

2) Can't answer that as I don't know which council you are claiming from.

 

3) Your friend would have to check the Tenancy Agreement from the Letting Agent but 95% of standard Tenancy Agreements include a clause forbidding sub-letting. If you move in without the landlords consent, you would be in breach of contract and therefore, it would be pretty easy for the Landlord to get an eviction order.

 

Probably not the answers you wanted to hear, but I hope it helps.

[cheddar]

When looking at a claim for HB the households income is taken into consideration, even though you will be one a passported benefit in the way of JSA, your friend will be counted and a non dependant deduction will be made. Depending on what his income is this may make it so you get some help or that he still needs to pay all the rent.

 

The only way you could be classed as getting half the rent paid in HB is if you had separate tenancy agreements for half the rent each.

 

Ring your local HB dept and ask them to do a trial calculation or even have a look on the DWP website as I think non dep deductions are listed on there. Also don't forget for a private rented property the full rent will not be taken into consideration so even if the rent is £500pcm and you got 100% HB the max they may pay out could be £425 as this is the rent without profit.

[MrShed]

It is worth noting that it is an unfair term to expressly(that is, a blanket ban, not words to the effect "without permission, which will not reasonably be withheld" - this is allowable) forbid both subletting and assignment in a tenancy agreement. As such, if both are outright denied in the agreement, both terms can be safely ignored, as they breach the OFT's rules on fair AST terms. Other than this, I agree with the above posters.

[M_A_A_B]

The only way you could be classed as getting half the rent paid in HB is if you had separate tenancy agreements for half the rent each.

 

This isnt true...if you are both named on a joint tenancy you can still get HB for your half of things. Whether you will get the full amount for your half is another thing and you would have to apply to find out. Dont waste time applying for HB...it takes ages for them to complete claims.

 

Another thing is....if you are living in the place 'unofficially' your name wont be on the tenancy, so you wont be able to prove to the HB people that you are paying half of the rent...part of the evidence they need to see is your tenancy agreement.

 

and....please correct me if I'm wrong...but wouldnt it be illegal for your friend to 'sub-let' to you anyway??

[MrShed]

Not illegal, just against terms of contract usually - but see my post above.

[M_A_A_B]

Thanks MrShed Wasnt sure about that....

 

surely it would be safer to be on the contract as well....if you and your friend have an arguement or anything you dont really have any come back if he wants you to move out or anything

[cinders29]

Thanks for all your input. I appreciate it.

My friend has now moved into the property and the landlord is very friendly and has said that if he wanted to rent out the room then thats fine, and if we wanted to avoid the rip off £120 fee to the agency to do a credit check on me (which is free anyway), some service charge!

Although he said he would like to see it on paper and get an agreement that says I pay half the rent.

 

Would the act of copying the original Tenancy Agreement and rewording it so that my name is on it to pay half the rent and become joint tenant be classed as a legal document alongside the agreement my friend signed?

 

I think he knows we are genuine people and have no intention of screwing him. Afterall, as he said: as long as I get the rent I don't care what you do. (except open a brothel!)

[ladybird17]

I'm not sure that copying the tenancy agreement and then changing the wording is very legal! If I have understood you correctly.

[cinders29]

No no, use the original tenancy agreement to standardise the wording/layout of the landlords terms are. Then present it to him to sign and Ok it.

I do not intend to alter the original agreement of the property. Just draw up another agreement WITH the landlords consent for myself this would then be a private agreement between me, the landlord and my friend. To indicate that I will also be living at the property and liable for rent also. Surely that is not illegal???