Private rent, tenancy has partner named as lead tenant, will I be allowed to stay and continue renting if he moves out??

[YourHandInMyHand]

Wasn't sure where to put this thread so I've stuck it in chat!

Me and partner are likely heading towards parting ways. We live in a private rented home and he is named as lead tenant on the tenancy agreement. We both work but my earnings are extremely low due to DS1 having sen. So I'd be claiming UC if I was single. I'm worried I won't be allowed to stay and the idea of trying to find a new home and move etc with two kids and a dog etc is stressing me out massively.

I've private rented before as a single mum and never missed a payment, I'll probably be better off tbh as I'm sensible. But I know some landlords don't want benefit claimants as tenants.

Bump

You will have to ask your landlord - there is no way any of us can tell you.

The only person who can answer your question is your landlord. They may agree to the change, or they may not. There's no law about it, afaik.

So if he's "lead tenant" are you also named on the tenancy as a joint tenant?

Is it a fixed term tenancy or periodic? (Often people sign up for one year fixed term to begin with and then it automatically becomes a one month rolling contract, unless you sign a new fixed term agreement for another year.)

Yes we are both named on the tenancy and it's now a rolling one as we've been here about 3 years.

Obviously I will be asking my estate agents but I just wanted to know if it is something where I would have a right to stay or the landlady would have a right to refuse etc.

My family life has been turned upside down and I'm worrying.

To end a joint periodic tenancy, just one tenant can give notice to the landlord, and the other tenant doesn't have to agree. That means that either of you can end the tenancy. The thing is, even if one of you stays, you do need to end the joint tenancy and start a new sole tenancy for the person who is staying - otherwise the person who moves out will continue to be liable for the rent.

Has your partner agreed to move out, in theory? If so you could ask the agent/landlord if it would be possible to end the joint tenancy and start a new one in your name only. Ideally the request would be a joint one from both of you.

Do check the wording of the tenancy agreement very carefully though, in case it gives him sole control over ending tenancy (as "lead tenant") as opposed to the standard rules for joint tenancies.

The lead tenant status is only for LL contact etc, I don't believe it gives them more rights. A joint tenancy is just that - joint.

This article may help to clarify matters, there's plenty more info online www.propertymark.co.uk/advice-and-guides/renting/joint-tenancies.aspx

Yes after posting I looked it up and I think lead tenant is only really for the purposes of deposit protection. For everything else it looks like they have equal rights as joint tenants.

As far as I am aware, as of recent changes there is also a ban on 'No DSS' policies. It is now classed as unlawful discrimination. You may still have to pass an affordability check, and be aware that a UC claim will take 5 weeks from application to pay out, and you may have to pay a new bond if it is a new tenancy. Have a chat with the EA first and see what they say initially.