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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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We have a rolling AST with our tenants over five years now

Resolved Question:

We have a rolling AST with our tenants over five years now which is both jointly signed although both parties are divorced and the ex husband pays the rent on our property for his ex wife and children to live in.

The wife has now asked us if we would consider preparing a separate agreement, in her name only, for reduction of council tax reasons (leaving full time employment to study).

We would like to know our position legally. Of course we are happy to assist but need to know if two separate agreements need to be arranged or one with amended wording and signed by the husband.

With thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Your legal position wouldn't change - the wife would still be liable for the rent even if it is paid by her ex husband. However, all that would change is that his name would no longer be on the tenancy agreement. To get to a situation whereby the wife is the sole tenant but the husband is on the hook to pay the rent (as far as you are concerned) you could make him a guarantor. Most standard tenancy agreements allow for this, and in effect it wil mean the wife is sole tenant but the husband can pay the rent on the basis that he is guarantor. Hope this helps.
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