Tenants must always check with their landlords before asking a partner (or anyone else) to move in with them; unless their tenancy agreement states the freedom to increase or decrease the number of occupants on the premises that they rent. Through this blog post, we aim to learn whether a partner should be added to your tenancy agreement or not. In addition to this, we will also discuss two key aspects of this topic; one is whether someone can be added to a tenancy agreement and the second is a review of the circumstances when a relationship breaks down and its impact on a joint tenancy agreement.

Does My Partner Have To Be On The Tenancy Agreement?

No, your partner does not have to be on the tenancy agreement to continue sharing your residence. Being on the tenancy agreement means that the nature of the tenancy will be a joint one and all the individuals named on the agreement are equally responsible for performing the duties of a tenant with the main one paying the rent on time.

There are two classifications of residents on a tenancy agreement; tenant and occupier. While the tenant; or in the case of multiple tenants are responsible to maintain the house that they live in, not cause damage to property and pay their rent on time, occupiers are merely listed as individuals who continue living in the house with the tenant(s) without having to share any responsibility towards the property. 

While there is no compulsion to add your partner to your tenancy agreement even as an occupant, there may be times in the case of a sole tenancy when a landlord insists that one person is listed as the sole tenant and the remaining occupants are listed as well. In certain cases, landlords may also limit the number of occupants who can live with the sole tenant on their property.

On the other hand, there are cases (especially in the case of unmarried couples) where landlords insist on the tenancy to be a joint tenancy; with both partners listed as tenants. This serves as a matter of assurance for them that in the case of a relationship breakdown, the remaining tenant will automatically become responsible for rental payments. 

Can I Add Someone To My Tenancy Agreement?

Yes, you can add someone to your tenancy as long as you have permission from your landlord. As joint tenants, both of you will become responsible for the following:

  • Timely payment of the rent
  • Protection and care of the property
  • Each other’s social attitudes

What Happens To Joint Tenancy In Case Of Relationship Breakdown?

In case of a relationship breakdown, your joint tenancy agreement will not come to an end immediately even if one of the joint tenants decides to leave the premises and live somewhere else. The departing joint tenant will continue to remain liable to pay rent and will have equal right to occupy the house until the joint tenancy agreement comes to an end with mutual agreement of all concerned parties and is replaced by a sole tenancy agreement of their former partner; should they wish to continue living in the said premises.

However, in the case of a fixed-term or periodic tenancy, if one joint tenant wishes to end the tenancy contract, it will end for all joint tenants living on the property. In some cases, a break clause allows earlier termination of the contract. In such cases, the joint tenant who continues living under the tenancy agreement may be faced with a challenging situation if the departing tenant has given a notice to the landlord and they have been served a notice to quit. This means that even if they do not wish to depart from the premises, they will have to do so as the tenancy agreement will cease to exist at the end of one month’s notice.

In the case of a rolling tenancy, you can have the tenancy agreement transferred to your name if your partner chooses to leave the house and live elsewhere. 

Conclusion:

The discussion in this article makes it quite clear that it is not essential for your partner to be listed on your tenancy agreement in order to live with you at your home. Being added as a joint tenant to a tenancy agreement increases one’s responsibility toward rental payments and the maintenance of the property; however, it also gives one the right to continue staying in the house in case of a relationship breakdown.

FAQs: Does My Partner Have To Be On The Tenancy Agreement?

Do all tenants need to be on the tenancy agreement in the UK?

Yes, in the case of a joint tenancy, all tenants need to be on the tenancy agreement in the UK. However, in the case of a sole tenancy, the tenant must be mentioned in the tenancy agreement while the mention of occupants depends on the landlord.

Can my boyfriend live with me without being on the lease in the UK?

Yes, your boyfriend can live with you without being on the lease in the UK. in this way, they will be living as an occupant and not a tenant.

Do I have to tell my landlord if someone moves in with me in the UK?

Yes, you must inform your landlord if someone moves in with you in the UK. Even if the person who moves in with you is not going to be added to the tenancy agreement, it is essential to inform your landlord of the changes to the number of the people in the [ro[erty you rent.

Can a landlord refuse a partner moving in?

How long can a tenant have a guest stay?

Most of the time, a tenant can have a guest stay over for 10-14 days; unless otherwise specified in their tenancy agreement. However, if their guests intend to stay for a longer period of time, tenants can discuss the matter with their landlords.

References:

Do all tenants need to be on the tenancy agreement? | Urban Jungle

Tenancy agreements – Citizens Advice

What will happen to our rented house if my partner and I separate? – BDB Pitmans

What happens to your home when you separate – Citizens Advice

Relationship Breakdown and Tenancies – FAQ – Nearly Legal: Housing Law News and Comment

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