New Tenant's - Rental Agreement

[Chomp]

I prefer to have the contract in one persons name, so if they are a couple I ask them who's name they want on the rental agreement.

This way if they do a runner or owe me money etc... I would only have one person to chase and it cuts out any possible finger pointing between them.

Is this the smartest option or am I missing a trick here ?

 

[thatbum]

I prefer to have the contract in one persons name, so if they are a couple I ask them who's name they want on the rental agreement.

This way if they do a runner or owe me money etc... I would only have one person to chase and it cuts out any possible finger pointing between them.

Is this the smartest option or am I missing a trick here ?

Missing the trick I think.

Having additional names just means you have more choice in who to chase up for money. Legally you can chase up any of the tenants on the lease.

Its the co-tenants' issue in resolving the finger pointing - not yours.

 

[SeafordSunshine]

contact in one persons name..

Dear Chomp,
I like to have everybody on the lease, because then they are responsible jointly and severally... in NSW
I hope this helps,
Seaford Sunshine

 

[travelbug]

I like all names on the lease. People feel more obliged to keep up their end of the contract if they are liable.
I have one with mum, dad and 2 adult children. I put all of them on it.

 

[Chomp]

ok I'm in WA so will have to check the ACT for liability, sounds like fun.

 

[thatbum]

ok I'm in WA so will have to check the ACT for liability, sounds like fun.

Its not a state Act thing - its a common law contract principle. You won't find anything authoritative outside of law textbooks or cases.

If you really want, you can google/seek legal advice on "jointly and severally liable".

 

[wylie]

If you have two people living in the house (even a married couple) and one leaves, you are left with someone in your house and nothing on paper at all, no lease with the person still living there.

Not good!

We leased to two nice young chaps, and to help with the rent one of them asked a chap from their gym to join them. They didn't ask us if they could sublet, and so they were in breach anyway, but this chap was driving fast in the street, doing burnouts into the driveway, and the police were called by the neighbours more than once. We then found out and suggested that the nice young men might want to move out rather than be associated with the third chap who was attracting police attention. They did move out, but we didn't have the third chap on our lease. Luckily he moved the same time, and didn't decide to stay put.

 

[Sez]

Hi Chomp, I would recommend having all adults on the lease.

If you are counting on the finances of all of the tenants to cover the lease you can put yourself in tricky situation if the tenant ever tries to get out of the lease due to financial hardship - in a tribunal situation they would look at the finances of who is on the lease. Unfortunately there are also situations of divorce or death which can leave you with (as said above) no idea who is in the property!

The more info the better I always say, your rental documentation is one case where less isn't best .

 

[Chomp]

Thanks all good advice !

 

[jenni_nextplace]

Yeah you have missed the tick. Best to put them all on the lease.

Sometimes its used as a trick by tenants so that one party is hidden from all responsibility. This means when they don't pay rent, leave a mess, do some damage and move on they just go and re-rent under the other persons name.

 

[Curlytops]

I thought all persons over the age of 18 living at the property needed to be on the lease.

A question on that if there is one person living at the property that is not on the lease and the tenant/s on lease leave would the tenant not on the lease be squatting so to speak how would you go about evicting them?

cheers
Rhonda

 

[AlmostBob]

ANY OR ALL TENANTS SIGNING THIS LEASE TAKE FULL RESPONSIBILITY FOR COMPLYING WITH ALL OF ITS TERMS AND CONDITIONS

always, everybody on the lease, and clause actually stating that

Only those tenants and occupants named are allowed to live in the premises without written consent of the landlord

tenants, in general, are extremely THICK

 

[marks]

It is not just "in case" at the end of the lease. It is just important at the start.
If they are not on the lease, they aren't submitting and application. Not just for financial reasons but also to prove ID and TICA searches.
Would you be interested if the TICA search showed the "unnamed tenant" was on a list for default rent, damage, etc...