Ex-partner removed by social services – New AST?

by Readers Question

9:08 AM, 15th May 2019
About 2 months ago

Ex-partner removed by social services – New AST?

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Ex-partner removed by social services – New AST?

I have a family (2 parents & 2 children) renting one of my properties. They are now on a periodic tenancy as the initial tenancy came to an end some months ago.

I received a text from one of the parents asking if it was possible for the other parent to be removed from the tenancy agreement as they have recently been removed from the property by social services and they don’t want to give them any reason for them coming back to the property. They are quite happy to provide me with paperwork from social services to back this up.

As the AST has expired, is it just a case of me serving a Notice to quit, refunding the deposit and then writing up a new AST in the single parent name and taking the deposit, again, in the single parents name?

Or do I need to do anything else to ensure i’m compliant and everyone is treated properly?

Thanks in advance.

John



Comments

Neil Patterson

9:13 AM, 15th May 2019
About 2 months ago

Hi John,

Yes I would in these circumstances, as long as you are happy with the existing parent and their ability to pay, get a new AST signed.

You don't mention how long ago the existing AST was started so just be mindful to comply with the new rules under the deregulation act 2015.

Please see >> https://www.property118.com/what-does-the-deregulation-act-2015-mean-for-landlords/

Mike T

13:51 PM, 15th May 2019
About 2 months ago

Maybe recover the existing tenancy agreement so that the ex-partner can't come back at you waving it and claiming he/she has a right to live there . Whats your thoughts on that situation, Neil ?

Michael Barnes

13:58 PM, 18th May 2019
About 2 months ago

You serving NTQ dos not end the tenancy; if T does not leave, then you have to go to court to enforce it.
The remaining T needs to give valid (in accordance with law) notice to end the current tenancy (at least 1 month ending on last day of a tenancy period), otherwise the existing tenancy continues and the "new" tenancy is invalid".
Note that insufficient notice or wrong end date is not valid unless ALL joint tenants sign it.
You can give remaining T peace of mind by agreeing a new tenancy (starting day after notice expires) before she gives notice for the current tenancy; probably sit down and do all the paperwork together in one go.
There is also the question of the deposit.
That will belong to both the original people and will have to be returned and a new deposit taken and protected. If you are fortunate, it can be returned to the remaining person; if you are unfortunate it will need to be returned to the departed person.


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