What is the law on non-dependants living at home?

[Yolanda]

I have a tenancy agreement with a private landlord. My daughter is registered as living with us but she is now classed as a non-dependant. The landlord said because she is now a non-dependant, she must go on the tenancy agreement as it is the law. The way the landlord explained it, if my daughter is put on the agreement, she would become an equal tenant and be equally liable for the property. My daughter does not want to go on the tenancy agreement, which is her choice. Is the landlord correct that all non-dependants must go on the tenancy agreement by law? I've never heard of this and know lots of families who have older children at home and have not been forced to put them on the tenancy agreement.

[Kati]

Re: What is the law on non-dependants living at home?

tagging [MENTION=15129]Crazy council[/MENTION] [MENTION=62334]Snoopy1948[/MENTION] xx

[Diana M]

Re: What is the law on non-dependants living at home?

The way the landlord explained it, if my daughter is put on the agreement, she would become an equal tenant and be equally liable for the property.

Your daughter can be named on the tenancy agreement as a 'permitted occupier' which means she has the legal right to live there but has none of the duties/responsibilities/liabilities for rent etc. which a Tenant has.

Maybe your Landlord sees an opportunity to add an extra person as a Tenant who is liable for rent as an insurance against any future issues.

An adult named as a 'permitted occupier' cannot claim Housing Benefit (should the need ever arise) since they would not be liable for the rent.

There are pros and cons with being named as a Tenant on an AST.

Di

[Snoopy1948]

Re: What is the law on non-dependants living at home?

I must admit that in the the tenanted properties I have visited over the years, I have never heard of a landlord insisting on every adult in the household being listed on the tenancy agreement. Certainly I have never seen this on a local authority of HA tenancy. I have also never seen any legal compulsion to comply in this manner. From the landlords point of view, he will be creating a safer zone in the case of rent default, and also create the prospect of increased tenancy renewal fees and credit checks, I.e. Per person. Certainly, in the event of a tenant claiming housing benefit and council tax support, the claim is based on independent proportional claims if the daughter is listed on the tenancy agreement rather than as a simple non dependent if she is not. In the event of the daughter earning but making little or no contribution to the rent/council tax, that can result in a claim that is perhaps unrealistically low. And remember, as a named party on the rental agreement, all parties should be similarly named on the council tax account as well.

[Crazy council]

Re: What is the law on non-dependants living at home?

There can be normal reasons why a LL might have to/want to do this.

1. If hes mortgaging , you have to name all occupiers over 18 with most mortgage cos, this can be done with a statement from solicitors, but some insist on them on the tenancy contract with BTLs ( Buy to lets )
2. Insurances policy’s, again, can insist on all occupiers over 18 being named upon renewal, ( if the agent supplys the insurance to LL, this is likely )

[Diana M]

Re: What is the law on non-dependants living at home?

In my experience (this is the bit where I confess to being a Landlord amongst other things) I find letting agents/Landlords are more insistent on a pets clause which identifies the cat/dog by breed and even their name logged in the AST in case the Tenant substitutes the cute one in the photo (for another beast) which I always demand to see before acceptance

Di