One tenant wants to leave?

One tenant wants to leave?

9:58 AM, 7th January 2022, About 3 weeks ago 7

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Hi 118 readers, I wonder if someone might be able to advise me, please. I have a couple renting a house, and their initial 6-month tenancy expires next week.

I have had an email from one of the tenants informing me that she would like to leave the tenancy as she has split with her partner (the other tenant). She is still at the house but is now wanting to leave.

When they took on the tenancy, her partner’s parents stood as guarantor for both of them, as his proven income wasn’t enough for a satisfactory reference. They also have the deposit protected in both names.

So what do I need to do?

Does she need to give notice as in the tenancy agreement?

Do I need to issue a new tenancy to him, as he wants to stay?

Do I need to request a new guarantor deed from his parents as the existing one has both their names on the agreement?

Any advice would be appreciated.
Many thanks

Ashleigh



Comments

by paul kaye

11:27 AM, 7th January 2022, About 3 weeks ago

when one tenant gives notice ALL LEAVE
and the tenancy ends.
If you want to keep one tenant,you will need a new tenancy and certainly need a guarantor.
Deposit will need to be registered again.

by Suresh Parikh

14:05 PM, 7th January 2022, About 3 weeks ago

When a fixed term tenancy comes to an end, a further notice is not required.
The tenancy is said to have expired through effluxion of time.

by Smartermind

17:09 PM, 7th January 2022, About 3 weeks ago

Reply to the comment left by Suresh Parikh at 07/01/2022 - 14:05When the fixed term ends, then the tenancy moves on to a periodic tenancy if the tenant rains in situ.
This is slightly different as only one tenant wants to vacate. This requires a whole new tenancy agreement as the tenants are not the same.

by Kate Mellor

17:27 PM, 7th January 2022, About 3 weeks ago

Paul Kaye is correct. If I were advising the outgoing tenant, I’d tell her to ensure that she gives written notice as per the AST requirements. Even though a tenant technically CAN leave at the end of the fixed term without notice we can foresee here that you may not have vacant possession, so the departing tenant MUST give proper notice to end the tenancy if she wants to bring her liability under the AST to an end.
Any tenancy you agree to following that will be a completely new tenancy with every legal requirement which comes with that.
You need to decide whether you wish to offer the other party a new tenancy agreement and if not, explain that the tenancy will legally end and he will be technically holding over and can therefore be liable for double rent if he remains.
If you choose to allow him to stay you will need him to provide a new guarantor, or forego that additional protection.

by Jessie Jones

10:45 AM, 8th January 2022, About 3 weeks ago

Hi Ashleigh,
Treat this the same way you would if both tenants left for a day, and then one of them comes back as a sole tenant. New AST for the sole tenant.
Do your credit checks again or run the risk of any rent guarantee insurance becoming invalid. Same for the guarantors.
Return the deposit, then take a new one. Serve an EPC, Gas Safe, EICR and do an end of tenancy / start of new tenancy inspection. Make sure that the Right To Rent steps you took when they moved in are valid now, as the rules have changed.
Whilst this might seem a bit unnecessary, it really isn't. When the remaining tenant comes to leave in years to come, and damage is found, or the loft is full of clutter, who is to say that this wasn't down to the tenant who already left? The deposit will be worthless to you.
Also remember that the Courts & Tribunals are not about what is 'fair' or 'reasonable', but about whether or not the letter of the law has been followed. If you have a new tenancy and haven't followed the rules, then an awkward tenant may look to you for a Rent Repayment Order, or a Section 21 may become invalid.
Tenants who seem lovely at first may well resort to anything to keep their home, if for example they loose their income at some later date.

by paul kaye

10:59 AM, 8th January 2022, About 3 weeks ago

Jessie
Is spot on.
If it was me and you are faced with extra costs,it may be prudent to increase the rent a little for the new tenancy.
to claw back your costs.

by Ashleigh

9:06 AM, 9th January 2022, About 2 weeks ago

Many thanks for all the comments. You have made it very clear what I now need to do.
Thanks again!


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