Rent arrears and a request to vary the tenancy mid-term
You manage a one-bedroom flat let at £950 per month on a 12-month AST. The tenant is two months in arrears (£1,900) and has asked, in writing, to add a partner to the tenancy and to pay £100 per month extra toward the arrears over the remaining term. The landlord is minded to agree to the partner being added but wants the arrears cleared 'immediately' and asks you to 'just serve whatever notice gets them out fastest'. The deposit is protected and the prescribed information was served at the start. The tenant has been responsive and has offered a payment plan.
1. What are the options for dealing with the arrears, and what should you advise?
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Set out the realistic options. (1) Negotiated payment plan - accept the tenant's offer in writing, with a clear schedule and review date; this is often the fastest route to recovery and preserves the tenancy. (2) Formal arrears process - if the plan fails, the landlord may consider possession action, but only after the correct statutory notices and grounds are satisfied; timing and grounds depend on the tenancy type and arrears level, and must be checked against current law. (3) Guarantor or benefits route if applicable. Advise the landlord that 'fastest eviction' is not a lawful instruction in itself; the correct notice must be used and the arrears evidence documented. Recommend accepting the plan while monitoring, and warn that possession proceedings carry cost and delay.
2. Can the partner be added to the tenancy, and how should that be done?
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Adding an occupier is not automatic. Options: (a) a deed of variation/assignment adding the partner as a joint tenant, which requires landlord consent and the incoming tenant's agreement to be bound by the terms; or (b) the partner occupies as a permitted occupier without acquiring tenancy rights. Advise the landlord of the difference: a joint tenant acquires rights and liabilities, including liability for rent, which can actually help arrears recovery, but also makes removal harder. If adding as joint tenant, document consent in writing, update the deposit arrangements (the deposit remains protected; check the prescribed information reflects the change), and record the partner's ID and right-to-rent checks. Do not add the partner informally.
3. What records and communications should you keep, and what risks should you flag?
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Keep the tenant's written offer, the landlord's instructions and your advice in writing, the payment plan schedule, arrears ledger, and any notices served with proof of service. Flag risks: accepting a payment plan can be treated as waiving strict enforcement if not documented; adding a joint tenant changes liability and possession dynamics; and serving notice prematurely or incorrectly can invalidate possession and expose the landlord to costs. Confirm the deposit remains protected and prescribed information is accurate after any change. Recommend a review date and a clear consequence if the plan is missed.