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Question

Joint and Several Tenancies (England) | Moving in a Tenant (England)

Can my tenant move in her partner?

11 Apr 2017 | 1 comment

For the past three years I have had a lady tenant in my one bedroom property. The lady has been a reliable tenant and has caused no problems. Recently it has become apparent that she now has a live in partner. Can I, and should I insist that her partner’s name be added to the tenancy contract?

Answer

1 Comment

  1. guildy

    Assuming the terms of the tenancy agreement prohibit this (as ours does and most others would), it will be a breach of tenancy. However, in reality, it’s usually best to either not know (if you’re not fussed) or to take some action like adding to a new tenancy.

    As a general rule we would always prefer names to match on the tenancy. The problem with the current position is what if the tenant leaves, leaving the partner in the property refusing to go. At least if the partner is also a tenant, everybody knows where they stand about getting the property back and the usual possession rules apply.

    Therefore, if you’re happy with the partner, you could do a new tenancy agreement starting from anytime in the future (easiest from a rent day) with both names on it. If there’s a deposit, it will need unprotecting and then re-protecting in the new names.

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