Divorced Tenants and New Tenancy Agreements

by Readers Question

8:44 AM, 17th November 2015
About 3 years ago

Divorced Tenants and New Tenancy Agreements

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Divorced Tenants and New Tenancy Agreements

I have a dilema here and I would like your advice.divorce

Property Rented to Tenants (Estate Agency) – March 2012
Tenancy Agreement (TA) – Assured Shorhold – 6 months reverted to periodic

Landlord took over management – March 2013
New TA (same copy just dates change and rent amount) signed by same Tenants (Husband and Wife) as above – March 2013

July 2015 – Tenants divorce (Husband moves out and requests for his name to be removed from TA).

July 2015 – New TA drafted and sent to Wife to sign (Changes has her name only)
July 2015 – Landlord visits Wife to ask about her well being and requests she sign the TA as shes now the only Adult in the property. Wife refused to sign, asks for time to read and requests for changes.

I told her its same TA no changes except for the name and the new dates. She kept the TA and hasn’t signed or returned it to me till today.

She also mentioned she has no job and she is searching for a job. I advised her on what to do (the tenant has been good). But I also told her she might need to start looking for a smaller accommodation due to her income levels.

Paid up rent July 2015, August 2015, Sept 2015.

Missed rent Oct 2015 and hasn’t paid yet.

I have issued a Section 21, as I believe she will struggle in the coming months. Section 21 issued Nov 9th, 2015 (please confirm if this is correct), to take over property 9th Jan 2016.

The last TA signed by Tenants was dated 30 March 2013.

Please help.

How do I get my property back?

Ben



Comments

Michael Barnes

13:33 PM, 17th November 2015
About 3 years ago

1. S21needs to be in joint names, as on tenancy agreement.
2. Get husband to give one month notice. That ends tenancy for all.

Ben Akhigbe

13:36 PM, 17th November 2015
About 3 years ago

Thanks Michael. The S21 is in both names. I will ask the husband to send me a 1 month notice.

Michael Barnes

13:42 PM, 17th November 2015
About 3 years ago

Reply to the comment left by "Michael Barnes" at "17/11/2015 - 13:33":

I assume that you did not give her a signed copy of the tenancy agreement. If you did, then you cannot use s21 for 6 months.

Michael Barnes

13:52 PM, 17th November 2015
About 3 years ago

Reply to the comment left by "Michael Barnes" at "17/11/2015 - 13:42":

Having thought further I may be wrong.

Tenancy can only be ended by one side giving notice. Therefore it may be that you cannot lawfully give wife a sole tenancy wit no formal ending of previous tenancy.
Note that I am not a lawyer.

Ben Akhigbe

14:16 PM, 17th November 2015
About 3 years ago

Ok so does that mean by the husband notifying me of his moving out even though the wife still lives in the property, the tenancy hasnt ended?

Ben Akhigbe

14:43 PM, 17th November 2015
About 3 years ago

I didnt sign the TA as she was reading it before she decided I leave it with her.

Luke P

16:27 PM, 17th November 2015
About 3 years ago

Forget the TA in her sole name and proceed with the previous joint version. Either have him give notice or proceed with a S.21 Notice.

Michael Barnes

19:49 PM, 17th November 2015
About 3 years ago

Reply to the comment left by "Ben Akhigbe" at "17/11/2015 - 14:16":

That is my understanding, unless he put in writing that he was ending the agreement on a specific day.

Ben Akhigbe

10:09 AM, 23rd November 2015
About 3 years ago

Dear All,
I today got a letter from husband for notice of tenancy termination (dated for July) after I sent him my request.

What would you suggest I do next?

Thanks
Ben

Michael Barnes

14:21 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "Ben Akhigbe" at "23/11/2015 - 10:09":

It is my understanding that notice cannot be back dated and any such notice is invalid.

He needs to give you one clear month notice ending on last day of a tenancy period.

Once proper notice has been given, tell wife immediately that she has to leave at the end of the notice period, and if she doesn't then she is liable for double rent under Distress For Rent Act. Give her a copy of the husband's notice.

If backdated notice was considered valid, then
A. Wife would not have reasonable time to make alternate arrangements, and
B. you would probably have created a new 6-month tenancy by accepting rent from her.


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