What would you do...

[MilaV]

XP has just moved out and I would like to change the tenancy agreement to my name only, but I am afraid our landlord (an agency) isn't going to like this very much. They requested lots of references, bank statements etc prior to signing the contract.

Would you tell them we've separated and that I want the contract in my name only? Can they refuse? Thanks!

Depends on your situation, do you work? Would they have been likely to have let you take on the contract alone before? Is it affordable?

I work around 16 hours/week, but I don't earn enough on my own to cover all the rent and NO, they would absolutely not let me rent it on my own at first. The flat is crazy expensive (central London) but I'm stuck on a 12 month contract of which there are still 9 to go. I'm getting a pension from my XP and some help from my mum (thanks mum!), that's how I manage. I've also claimed benefits, but won't know until a couple of weeks.

Thanks for listening.

To be honest if you can afford it without his help while it may not be ideal for him to remain on tenancy, is there any urgency as to why he should be removed, is he likely to cause any trouble or feel he has rights to let himself in?

No, absolutely not, it's all been quite civilized and fingers crossed it'll continue to be like that. I was thinking more about benefits and well, I'm just trying get all our papers as separated as possible.

Are you entitled to housing benefit? Is the agency acting on behalf of a landlord or are they the actual landlords?

If you are entitled to HB and the agency is just acting for a landlord, you may find speaking directly to the real landlord works better. All he's interested in is getting rent on time with no hassle. If you can persuade him/her that you will pay (HB is a good way he can tell you will be good for the money) then he can instruct the agency to change the tenancy to sole names when it runs out.

If you cannot get HB and cannot afford the place without help then your best bet is to bite the bullet and move to somewhere more affordable.

No, I can afford it... and If I don't get HB I will work more hours or get a different job. I love this flat :) Where there's a mean, there's a way.

just to mention, him not being on the tenancy isn't a pre-requisite to you being able to claim HB in your name. There are plenty other ways to prove he's no longer there, prime one being him having a tenancy elsewhere and / or being on the council tax elsewhere.

If you wanted a cheaper house, if the tenancy is in his name then I don't think you'd be liable for the contract at all and could move at any time.

If you want to stay then SingleDad's advice is well worth looking into.

They can refuse if there is just cause like credit ratings. My xp still lives in our house and has not taken me off the lease. He needed to be credit checked prior to the lease being changed from joint to single and he wouldn't pass it. That said, it's being renewed so he'll have to get me off it now as I refuse to resign.