My tenants split up but husband staying – deposit issues?

Yes just issue a new Tenancy Agreement get a new deposit from him and return the existing deposit to the wife.
You will need to issue the new tenant the EPC EICR Gas Cert & Renters Guide.

Reply to the comment left by David Smith at 17/05/2024 – 12:22
Deposit Certificate and Proscribed Information in the name of the current tenant only.
Proof of service of all these documents is best practice, possibly a specific clause in the Tenancy Agreement.

Obviously considering the Rental Reform Bill implications…

As above, but make sure you get a signed and witnessed deed of surrender from both of them before signing the new agreement.

When one person on an AST leaves it applies to all tenants.

If you draw up a new AST you will have to do immigration checks again (copy of passport) and reissue EICR, ECR etc.

Just do what the rest of us long standing landlords are doing …..Sell up and go cash rich not property rich …let Rishi or sir stammer deal with it all …whilst we sit back and laugh at the shit show thats comming down the track

Reply to the comment left by david boughton at 18/05/2024 – 14:23
It is very tempting to do just that

I’ve done just that and sold up all but one where my student son is moving into (thus Student exemption with Council Tax). I’ve now got cash in various accounts (because of the £85k limited protection per bank) and am enjoying 5% roi without the hassle or the worry about EPC’s, Sec 21’s, awkward tenants, what this ridiculous Gov and Rachel from accounts is going to impose next. It’s such a weight off my mind; it feels like I can breathe again now that all the crap that goes with being a Landlord has gone. Would I be a Landlord again 20 years ago – absolutely. Would I be a Landlord today No effing way!!!

This has happened to me 3 times in 20+ years but male partner moved out and left mother and child. First time I allowed her to stay, BIG mistake as rent stopped and I was assumed to be an unpaid social worker – took ages to evict.

Subsequent times I did an S21 and got rid.

Don’t be tempted by pity and remember that a desperate tenant will spin any lies in order to stay in the property (IE – I can afford the place)

Reply to the comment left by GlanACC at 25/01/2025 – 16:56
This is currently happening to a landlord friend of mine. He rents a 3 bed to a husband, wife 2 children. Tenancy in husband’s name. They are separating and husband has handed in his notice but the wife wants to stay with the children. She only works part time and has already asked for the rent to be decreased and said she will claim benefits. Did your tenants go peacefully when you issued section 21’s. When you issue section 21 do you use the husbands tenancy agreement as a reference. What if the remaining tenant starts paying rent. The property was due a rent increase and appears to be below market value. Very unlikely LHA will cover rent in our area.

None of my S21 tenants went peacefully, but those were in the days when you could get a court hearing within 6 weeks and a bailiff with 4 weeks.

The action taken has to be against who is named on the tenancy agreement. I would have thought both husband and wife were named on the tenancy agreement, would be strange otherwise.

I now suspect (in fact know) this is going to get messy. I can see the wife pleading all sorts of things to stay in the property.

Rather than let it get personal, pass the whole eviction process on to an eviction specialist (I used Landlord Action, but many others are available).

By doing this you keep the eviction at arms length.