Am I a tenant, if tenancy is in H's name?

[NetDesMamans1]

Hi.

Just wondering this. Am I actually a tenant, if the tenancy is held only by my husband?

I would say yes, as you're married. But I'm not an expert.

No, all tenants need to be named on the tenancy agreement, even if they’re not paying rent directly.

Not an expert, but I would say no. You can become a joint tenant by getting your name added to the tenancy (which indicates to me that marriage doesn’t automatically give you tenancy rights).
You may have other rights though. Depends how long you live there, who pays rent to whom? How often you pay?

Why?

No, all tenants need to be named on the tenancy agreement, even if they’re not paying rent directly.

Not true. It's the marital home, so you have the right to reside there as long as the tenancy is in existence.
If you wanted to prove you lived there for example to get a new tenancy they might not accept it if you weren't on the agreement but you are definitely a tenant and you have the right to live there as long as your husband does, unless you move out voluntarily or are removed by a court order

You're not a tenant but you do have the legal right to live there, because you are married.

Why do you ask? We might be able to give more info and advice if you tell us more.

Interesting.

I'm asking because I'm filling in a Financial Statement and I have to state whether I'm a tenant or living with family...or 'other'. It just occurred to me that if I am not named on the tenancy, then maybe I'm not legally a tenant. My husband pays the rent.

I don't think you are. If your DH lost the tenancy for some reason, you'd have to go as well.

To add to the headfuck, we're going through marriage breakdown. I am being threatened with legal action by Erudio re: student loans arrears, I have to complete this FS and I don't even have access to all the info about household income and outgoings so it's proving v v difficult to complete this form.

For the purposes of the form, you're a tenant. You have the same rights as your husband, he or your landlord can't just kick you out without legal action.

“It's the marital home, so you have the right to reside there as long as the tenancy is in existence.”

I guess I was looking at this in terms of the tenancy contract rather than can her DH kick her out if she’s not on the agreement. Many tenancy agreements have a clause that say tenants need to declare who is living there over x amount of days (so if your MIL is coming to stay with you for 3 or 6 months, you’re meant to tell the landlord.). Not telling them breaks terms of contract and landlord can give you eviction notice.

As said on here a tenancy stays with dc and rp. Even if not named on the tenancy. HA/council.

I work in housing law and you would be deemed as a permitted occupier, not a tenant therefore you would have no legal rights to the tenancy. Your husband is the tenant and if he or the landlord serve a notice to end the ast, your husband would need to give back vacant possession meaning if he moves out and you dont, the tenancy will continue until you move out too.
If you need any more advice on your rights, let me know