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Real life: Tenancy agreement for two people - only one name on contract?

Hi there, I am a recent law graduate and am moving to London for work. My friend and I found a place and we found a nice two bedroom flat. The viewing was arranged by an agent of the landlord and they manage the property.

We liked it so much that we contacted the agent and went in the morning to pay the deposit. We both paid a deposit of £500 each and the rest of the deposit and six week's rent needs to be paid before the move in date of July 10th. Both of us filled in some sheets with our names and next of kin. However...

The estate agent printed out the contracts and I read it through and everything seemed fine. For the whole property the ***rent*** was £1300 PCM but the agents/property management people told us that only one of us needs to sign the contract. My friend agreed to sign it under her name and then in terms of rent, she will pay the rent to the landlord and I will pay her prior to that i.e. my name is NOT on the contract and I do not pay rent direct to the landlord. I do however get a key, obviously.

I know this is a stupid question, but what kind of tenancy is this exactly? Is this dodgy? What sort of reasons would there be for only having one of two people on the contract? Can I derive legal rights from the contract between my friend and the landlord? What sort of rights do I have?

The agent did seem professional - it was in a nice office in West London. The move in date is next week and everything else seemed fine. The flat is nice and the location is great, the rent is fantastic for what it is - I want to go ahead with it and move in but wanted to consult this website for your opinions?

I asked about this arrangement and the agent said ''oh only one person needs to sign'' so I asked whether I would be protected and she said "yeh, you're still a tenant."

Has anyone else entered into similar agreements??

Summary:
A and B flat hunting. A and B choose a flat. C is the agent. Contract is entered into for a tenancy agreement between A and C.
Firstly, make sure that your deposit has been placed into a tenancy deposit protection scheme.

It sounds like the tenancy agreement I took out with 2 friends when I was 18. I was the only one with any real savings, so only my name went down on the agreement. I was later able to throw my friends out as they were not on the agreement. It sounds like you'll have little/no protection and that your £500 of the overall £1,000 deposit will have been placed in a scheme in your friend's name only.
Original post by prospectivemed
Firstly, make sure that your deposit has been placed into a tenancy deposit protection scheme.

It sounds like the tenancy agreement I took out with 2 friends when I was 18. I was the only one with any real savings, so only my name went down on the agreement. I was later able to throw my friends out as they were not on the agreement. It sounds like you'll have little/no protection and that your £500 of the overall £1,000 deposit will have been placed in a scheme in your friend's name only.


The deposit is going into the statutory Deposit Protection Scheme. So the only risk is that my housemate/friend falls out with me (unlikely) and keeps the money and throws me out? There is no risk of the landlord or estate agents doing anything towards me?
Original post by bradleyhiggins19
The deposit is going into the statutory Deposit Protection Scheme. So the only risk is that my housemate/friend falls out with me (unlikely) and keeps the money and throws me out? There is no risk of the landlord or estate agents doing anything towards me?


Obviously you're in a better position to find a definitive answer; but logical opinion would suggest that should the landlord take a distaste to you, they'd be in a position to have you thrown out.

Surely if your friend is the only person on the agreement, then you're in effect sub-letting from them, right? Say, for example, your friend moved their partner in further down the line, then the house becomes a HMO, which the landlord needs all sorts of extra legal documentation to say it's safe etc.

Maybe you should go and have a word with Shelter, the housing charity, I'm pretty sure they'll be able to give you the right advice, for free. :smile:
Original post by bradleyhiggins19

Summary:
A and B flat hunting. A and B choose a flat. C is the agent. Contract is entered into for a tenancy agreement between A and C.


You could try asking on the landlordzone forums. Loads of good advice about landlord and tenant issues there.
Original post by Forum User
You could try asking on the landlordzone forums. Loads of good advice about landlord and tenant issues there.



Hey - I actually did that, and on MSE, but I got quite a lot of negative responses saying I should know all about this.

Perhaps I could get the letting agency to include my name on the agreement before moving in date? Tenancy hasn't started yet...
I want to now a friend and his partener broke up. Both of them put there names on the lease aggrement. She packed and left him. So what can he do to her about the lease agrement what the had by the appartment

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