Joint tenants split up and principal wants single tenancy in his name

by Readers Question

10:21 AM, 23rd November 2015
About 3 years ago

Joint tenants split up and principal wants single tenancy in his name

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Joint tenants split up and principal wants single tenancy in his name

The couple (Joint Tenants) in my flat have parted. The principal wage earning tenant wants to change the tenancy (periodic) into his sole name. joint

Do I simply rip up the existing agreement and start with a new Short Term Assured Tenancy (6 months?).

What should happen with the existing deposit?

Thanks

Norman



Comments

Neil Patterson

10:26 AM, 23rd November 2015
About 3 years ago

Hi Norman,

First of all make sure the partner has fully moved out and has a new address. You do not want her claiming she is still living there and still has belongings at the address.

If yes you do need a new AST in the sole name. The deposit will need to be refunded to avoid any issues and then re-protected.

Alison King

12:55 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "Neil Patterson" at "23/11/2015 - 10:26":

This happened to me. I obtained a signed letter from the departing tenant saying that he was giving up his share of the tenancy and deposit. I then drew up a new tenancy agreement with the remaining tenant and re-protected the deposit in their name.

Michael Barnes

14:33 PM, 23rd November 2015
About 3 years ago

1. Get remaining tenant to give notice to end tenancy. This will end tenancy for both.
2. Do new tenancy agreement to start day after notice expires.
3. Do full check out and check in process including updated inventory.
4. Make any necessary deductions from existing deposit.
5. Return balance of deposit.
6. Take and protect new deposit.

BTL NORM BUYER

15:34 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "Michael Barnes" at "23/11/2015 - 14:33":

Thank you Michael for your helpful reply. Just one question - How much notice should I ask the remaining tenant to give me, or can I specify the period so that I have enough time to do the admin that you describe?

BTL NORM BUYER

15:36 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "Neil Patterson" at "23/11/2015 - 10:26":

Thank you Neil. That's a good point about ensuring that she has a new address. I will try to make sure about that point. What if she refuses to give meit?

BTL NORM BUYER

15:38 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "Alison King" at "23/11/2015 - 12:55":

Thank you Alison. Your experience will be invaluable.

Michael Barnes

19:54 PM, 23rd November 2015
About 3 years ago

Reply to the comment left by "BTL NORM BUYER" at "23/11/2015 - 15:34":

Notice from one tenant ends tenancy for all.

By "remaining tenant" I meant the one who wants to stay.

Once you have notice from one tenant you can notify the other that the tenancy will end on , but that he/she remains liable for unpaid rent etc until that date. Possibly include copy of notice from other tenant.

Ian Simpson

14:20 PM, 2nd December 2015
About 3 years ago

Ok. What happens if neither serves notice? I have this exact situation with a lesbian couple who have split up.... J
Have just ignored all comms to serve notice and restart a new AST


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