Adding Someone To A Tenancy Agreement

Important: You may lose some of your legal rights by adding a common tenant, as this means the termination of your current lease, which is why we recommend that you get legal advice before applying. The lease must be signed by all tenants and your landlord. If there are common tenants, each tenant should receive a copy of the agreement. You and the other tenants are also responsible for compliance with all the conditions of the rental agreement, which is called jointly and severally. For example, it is useful to include all the adults who live in the property in the lease, as this makes things legally clear. Your tenant`s friend already lives in the property? If so, then think about whether the friend leaves and stops paying the rent (i.e. they give up the lease), but the girlfriend wants to stay. If it is not in the rental agreement, it is not at all easy to know how you would get the property back in this case if he refused to leave. Your landlord can add someone to your tenancy if the person you want to add signs a lease and agrees together to meet their terms.

The Housing (Scotland) Act 2001 gives tenants the right to apply for a joint lease and the landlord must give his consent unless he has reasonable grounds to refuse. From November 1, 2019, the proposed tenant must have been a resident for 12 months and have informed us. The lease you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who does not reside in your home and you have agreed to a 6-month lease agreement, you will likely have a secure short construction contract (or an insured rental agreement in Scotland). This is the case even if your agreement says something else. Check the type of rental you have. Your current lease sets out the number of people allowed to live in your apartment and whoever is mentioned on the contract is legally responsible for rents and repairs. If you want someone to move into your home, always ask your landlord if this is allowed and what is the appropriate procedure for your apartment complex. If you don`t follow the right method to add someone to your lease, you may be in breach of your lease.

Before or at the beginning of your lease, your landlord must also provide you with the following conditions: Your landlord may charge a fee to change your rental agreement. You can only pay yourself if you have requested the change. If your landlord questions you a change you didn`t ask for, you can ask for the money or report it to trading standards. The agreement may also contain details about your landlord`s obligations for repairing the property. Your landlord`s repair obligations depend on the type of rental agreement. Check your lease – it could give you more rights than your basic rights under the law. It is more difficult to prove what was agreed if it is not written. This is due to the fact that there is often no evidence of what has been agreed or that a particular problem has arisen that does not cover the agreement. You can also prove what has been agreed by other means, for example with emails or text messages. Confirm with your landlord that you want the new roommate to be a roommate and share the responsibilities of the lease. Make sure the potential roommate provides an ID card and information on an application so that the landlord can perform a standard basic and credit check. A credit check shows how that person handles finances and a substantive examination reveals any criminal history, including evictions.

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