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Assured shorthold tenancy contract for sharers - can you specify what each pays?

(10 Posts)
mylifeisgood Mon 08-Jun-15 22:08:05

I am going to rent out a house to a friend of mine who will be claiming benefits. It will be her, her daughter and her friend renting a three bed. One bedroom each, and they will be paying in proportion to the rooms they take - so 2/3 her and 1/3 her friend.

She wants me to put in the contract the proportions that they are going to pay, so that the benefits office agree to give the correct amount.
I have no idea about claiming benefits, so I really don't know from that point of view. But from the contractual point of view it seems really unusual to put specific amounts that each tenant pays when they are jointly and severally liable and seen as one tenant.

If anyone can help from a benefits or a tenancy contract pov I would be very grateful.

HereIAm20 Thu 11-Jun-15 20:55:50

Nooooooo - dont do that! You need all the parties to the tenancy to be jointly and severally liable for the rent! Ie all 3 liAble for all of it.

justjuanmorebeer Thu 11-Jun-15 22:23:58

I don'r think this is a problem as such if you just do two separate tenancies? As long as your friend understands that if the single person moves out you will re advertise the room for a stanger on the same terms and they will then share with someone else.
Be aware that housing benefit takes 8 weeks or so to come through from the point that you give them all your paperwork (eg tenancy agreement) are you prepared for this?

mylifeisgood Fri 12-Jun-15 07:14:58

HereIAm, yes exactly.
I have a draft version on the go, where I have said that they are jointly and severally liable, and I have mentioned the different amounts of rent they will pay under the payment method section. So I have specified that a single payment will come from one account despite the differing amounts that they are individually contributing.
What do you think?
Justjuan - I didn't know that about the 8 week delay. Good point. We have enough time I think, if we get it sorted over the next week or so.

ScrambledEggAndToast Fri 12-Jun-15 08:00:28

Hope you're good friends OP, things like this have a habit of working out badly. Sorry to put a damper on things but at least you are doing it all legally.

LassUnparalleled Thu 18-Jun-15 00:38:48

I don'r think this is a problem as such if you just do two separate tenancies?

You can't have 2 tenancies of the same house. You have 1 lease to all tenants who are jointly and severally liable.

justjuanmorebeer Thu 18-Jun-15 17:28:50

Does it need to be a HMO for that then Lass?

Just a thought could you have a phrase in the first line something like rent payable £700 PCM (400 for large room occupier 300 for smaller room)

or something like that?

I know it wouldn't be legally binding but worth a try?

justjuanmorebeer Thu 18-Jun-15 17:29:20

I know they aren't the right proportions...just saying as an example

justjuanmorebeer Thu 18-Jun-15 17:30:24

Housing benefit is such a nightmare thinking about this I doubt they will like this at all as they will assume the other adult is a partner.

mylifeisgood Thu 18-Jun-15 22:19:01

Juan, yes saying amounts per room might be another idea. My big worry has been about making it anything like an HMO though, and even mentioning different amounts per room makes me edgy.

Do you really think they will assume she was a partner with her friend?.. Even if they are the same sex and one of them a single mum?... Or am I being totally backward?

I really hope there isn't any problem with housing benefit - for her sake rather than mine. I will easily find other tenants, it is a lot more complicated for her.

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