Trying to rent, but partner has a CCJ

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My partner and I are looking for a home together. He earns more than me, but has a ccj. I earn enough to pay rent and bills. What would people advise, do we apply jointly for a house? Or do I put it in just my name? We’ve been unsuccessful so far with both of us. Would a landlord prefer a higher joint income? Or a lower one with good credit?

I used to be a landlord and you get credit checks before accepting a tenant, a CCJ is not what you want from a tenant.

You should also be cautious because if you take on a tenancy in your name only, you have no way of forcing him to contribute half the rent (or bills).

Has he paid off his CCJ? Why did he end up with a CCJ?

Any adult over 18 will have to be on the tenancy. As a result if you want to live with him then you need him to go through the checks.

How much longer does the CCJ have?
What are your current living situations?

You may have to just wait

I would wait to live together until he has it cleared

No, it's possible for OP to take out a tenancy in her name only. She can then have whoever she likes live with her.

There is almost certainly a clause in the tenancy agreement saying that no-one can live there who is not named in the agreement.

Landlords can absolutly dictate that all members of the house over 18 must be named.

The advantage being that if the relationship fails OP, you can kick him out without notice because he has no rights to stay there.

If I was a LL I'd not be happy to count his income towards rent because he's obviously got form for not paying what he owes unless forced to. I'd rent you something you could afford by yourself though.

If it's a joint tenancy you still can't force him to pay half the rent or bills OP. The utilities company cares only that the bills are paid they couldn't care less by who. Ditto LL. If these things are in joint names it's usually "jointly and severally" liable (I think that's the right term). Which means you're both liable for the entire amount, so LL or utility companies will come after whichever of you they think can most easily pay and if they get no luck with one they'll come after the other.

The problem here is its a Landlords market.

So due to the housing crisis these are almost certainly not going to be their only application.

Landlords can absolutly be picky and there will definitely be applicants who are both stable individuals with good credit.

This couple are not appealing and on paper that's all that matters.

No, they can't. When you take a tenancy, you legally 'own' the property for the duration of the tenancy in the same way as having a long lease. The landlord cannot dictate who lives at the property. All that matters is that the tenant pays the rent.

They absolutely can, in this instance they simply won't allow the tenants to move in without both signing.

One the end of the tenancy term has arrived they can inform the Tennant they will only issue a new tenancy including all dults present.

If the Tennant refuses then they LL can continue with an eviction.

Again, current market shows who can pick and choose and who can't.

I find the best resource for any questions or queries are the Facebook Groups

Landlord and Tenant Advice UK

And

Tenancy Matters UK

Both offer free and factual advice and will point you in the direction of any further resources.

No, sorry, you're wrong. OP could take a tenancy in her name only. After that, it's entirely up to her who else lives with her, the landlord has no say or control over it.

Actually DH and I have a clause that only named adults can reside, as agreed by Landlord.

That said, only DH had to prove income as his salary alone was much higher than the minimum needed.

And again, if the tenancy states what most basic standard ones do regarding adults living in the property she can not.

To do so would be a breach of the tenancy.

A tenancy contract is between a tenant and a landlord, nobody else, and it confers occupying rights for the tenant equivalent to a long leasehold.

Let's say the tenant is a woman called Jane Smith. So, Jane has an assured shorthold tenancy of a house for one year. During that tenancy, she legally 'owns' that house in the same way as if she owned a long leasehold. She can have 10 other people living there if she wants.

There is nothing in Housing Act 1988 to preclude this.

Nope.

Then please provide your legal citations.

I imagine it comes down to what is in the tenancy agreement. That is a contract and the contract could have all kinds of things written into it. Some people might consider those things unreasonable, but it's up to the LL what they want their tenancy to say.

Eg I don't have much in the way of material possessions so I don't have contents insurance and if I was leasehold or freehold that's upto me. If I'm a tenant it depends what's in the contract, some tenancies I've had they've stipulated the tenant must have contents insurance, that's because it covers the tenant for accidental damage insurance too not because they care about me getting robbed.

I've not personally come across tenancies stating only named individuals to live there but maybe it's getting more common now that LL can be choosy.

In reality OP, unless LL shows up and your partner tells them he's living there, they've got no way of actually knowing. Short of stalking you, I guess, to see who comes and goes. I know his stuff will be there but that doesn't necessarily mean he's living there. You can opt for the private electoral roll so nobody can search to see who lives at the address, unless it's the police looking or something - they can see what they like! If LL suspects you of breaching tenancy agreement though, you can expect your rental not to be renewed when the time comes and given notice to leave. Will you pass the financial checks by yourself? It's often not enough to be able to cover rent and bills, they're looking for a minimum income at a level they've set and if you don't meet it they won't rent to you.

A CCJ is not a good look from a partner. Have you check out other aspects of his money management skills. You say he has a good income but someone had to actually go to court to force him to pay money he owed. Think about it.

My son boyfriend was out on the contract as a permitted occupier when my son rented

this was 18 months ago so recent

my son has already started the process of renting the apartment on his own and could afford it
my son was responsible for all the bills / rent as the flat was in his name

and his partner didn’t have any ccj or anything and he had to provide ID and a reference

When we rented every adult living in the house had to be named on the tenancy agreement (including our 19 year old dd) she was not responsible for rent/deposit but she still had to be listed. There were stipulations around how many nights a month other guests could stay.