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The following question was recently submitted to our property experts by an individual looking for advice on how to deal with their property let. If you have got a question regarding your tenancy/property, contact us now via the link to the right.

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Q: Names On Tenancy Agreement

My partner and I are considering renting a property, but were wondering - do both our names have to be on the tenancy agreement? Similarly, if only one of us is on the tenancy, does that mean they have to pay the rent?

From Tracey Hall | Gloucestershire | 04/11/2010 | Tenants


Technically there is no legal reason why as a couple you both have to have your name on the tenancy agreement. Similarly, there is no reason why the person not on the tenancy can't pay the rent. Yet I'm afraid you'll be lucky to find a landlord who is willing to agree to this arrangement.

The main problem is the rent. Should your partner pay the rent and not be on the tenancy agreement, if you then fall into rental arrears, your landlord won't be able to issue a Section 8 or a Section 21 to claim this rent. They would also not be able to sue the person most able to pay.

Unfortunately because of this, you will probably find it hard to get a landlord as they won't want to take the risk with the rental payments.

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