Terms & Conditions

[Anonymous]

We have had a case where there were 2 joint tenants, one of whom is our clt. Her HB has been calculated on her share of the rent as per the tenancy agreement (not exactly 50/50 split). LL has now added, firstly, a third person and, recently, a fourth person. The third person was added to the joint tenancy but the rent charged was not altered. Instead the third person entered into a separate agreement with the LL. The fourth person has a separate agreement as well and his name has not been added to the tenancy agreement. The original two tenants are not happy that they have now lost exclusive use of the house and have not counter signed the tenacy agreement. In the meantime an assessor has re-apportioned the rent to allow only a third and the clt has appealed because the landlady is still expecting her to pay her original half, even though there is now a third name on the agreement.
My knowledge of Landlord and Tenant law is a bit sketchy but I suppose the issues boil down to:
Is the LL allowed to add a third person to the tenancy without the exisiting tenant’s consent?
How can you have a joint tenancy for the property between 3 people and then add a fourth person who is outside the agreement? Surely the house has been let exclusively to those 3 and a fourth person is actually their sub-tenant.
What is the HB position???

[David]

Chris
You’re rather short of replies so I’ll offer my thoughts.

The l/lord is clearly in breach of the tenancy agreement & his duty to the 2 tenants to allow them quiet enjoyment. Your claimant should be advised to seek legal help – CAB, tenancy relations officer if you have one at the council.

Nevertheless, currently the claimant still has an agreement to pay half the rent. I presume the eligible rent ifor HB is restricted because previously over accommodated. I would therefore get a new ROD (2 tenants & 2 other occupiers) & assess on the new decision. I don’t think that the decision to assess on one third liability is correct. I would make sure payments go to clmt & if he wishes to withhold rent, that will be his decision…

[Anonymous]

Your councils Housing Aid department should also be able to help them.

Just as a quick word of warning, I’d never ever advise a tenant to withhold rent. Withholding rent can stop the tenant from being in the right, and put them quite definitely in the wrong, putting their tenancy agreement in jeopardy and all sorts of other things. Advising them to do this is a [i:3c4cb01312]very[/i:3c4cb01312] bad idea.

cheers
Jon

[David]

Jon

I agree with your point about advice to the tenant – my posting merely suggested advising clmt to seek legal advice.
The last point should be up to him – I’d only put it in as there seemed to be the implication that clmt felt he should not have to pay half.

[Author]

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