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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8987
Experience:  I have been practising for 30 years.
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My daughter and I have rented a private property years, she

Resolved Question:

My daughter and I have rented a private property for 3 years, she shared with me while doing her ACCA exams, she is also on the tenancy agreement, all the rent and bills etc come out of my bank account but she does contribute. Now she has qualified and is moving into her own rented property, my question is do I have to tell my landlord ? I want to stay in the property myself, or do I have to have a new agreement which means the landlord will raise the rent
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Does your daughter mind remaining on the tenancy agreement which means that she will remain liable for the rent along with you although obviously you would be paying it?

Why do you think the landlord would put the rent up?

Is the rent already correct for the property of its type in that area?

Customer: replied 8 months ago.
The letting agency she has rented a property with is the same as mine therefore they know she is on the tenancy I didn't think they would allow her to be on two tenancy agreements , the rent in this area has increased dramatically in this last year my rent is £695 now houses like this on renting for £825 my landlord hasn't increased the rent for 3 years.
Expert:  F E Smith replied 8 months ago.

Thank you. There is no legal reason why you have to remove your daughter from the tenancy and there is no legal reason why she cannot have her name on 2 tendencies. After all, she could be planning to come back at any time.

If the landlord thinks that he could use this to get more rent from you, he will either have to give you notice to quit which needs to be at least 2 months and you would have to negotiate a new market rent with him.

Although, if he tried to impose an unfair rent on you, (which he could do regardless) you can take him to the rent tribunal, the reality is that it’s of no effect because if he doesn’t like the rent set by the tribunal, he would simply give you notice to quit.

It is not so much a legal problem as practical problem if the landlord takes exception to this.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8987
Experience: I have been practising for 30 years.
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