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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just taken an assured tennancy agreement for the first

Resolved Question:

I have just taken an assured tennancy agreement for the first time and my wife is down as a permitted occupier. Should I agree that or do I need her as a joint tenant? I am paying the rent and my spouse is a housewife?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You dont need her as a joint tenant.

Alex Watts :

Either will do

Alex Watts :

If there is any disagreement she clearly has a right to be there as you are a family

Alex Watts :

So in reality it does not really make any different.

Alex Watts :

You can ask for her to be put on the tenancy if you wish

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks. My concern is her legal position if I were to pass away during the tenancy?

Customer:

Hi...Mr Watts...can i have a reply?

Alex Watts :

If its an AST then its only valid for the initial period of 6 months or 12 months

Alex Watts :

Then it forms a monthly rolling contract.

Alex Watts :

But if you are worried about passing then you can have them as a joint tenant

Customer:

it is a 24 month contract

Alex Watts :

ok.

Customer:

with a two months break clause after 1 year

Alex Watts :

Have you signed it already?

Customer:

it is only her safeguard that is a concern as a permitted occupier

Customer:

no about to

Alex Watts :

Ok, then if you are worried then ask that she is a joint tenant

Customer:

lol... that is not the question! What are her legal rights as a owner occupier v a joint tenant pls?

Customer:

sorry permitted occupier

Alex Watts :

Owner occupier means it would generally just pass to the surviving occupier.

Alex Watts :

Joint tenant, they are equally named

Alex Watts :

But as an owner occupier they also have a direct interest in the property

Customer:

sorry permitted occupier

Alex Watts :

Permitted, is like a guest, so less rights than named on the tenant

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