Removing tenant from rental agreement?

Removing tenant from rental agreement?

8:33 AM, 11th November 2021, About 3 weeks ago 5

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I am sure lots of you have dealt with this situation before and know the best way to handle it, but it’s a first for me, and I am after a little advice.

I have a couple who have been renting off me for the last 6 years, always paid on time and have never caused me any problems, in fact, it’s nice to see someone who has actually made a house a home, but as sometimes happen the relationship has ended and one is moving out. The other is wanting to stay which in theory I don’t have an issue with but do I need notice of them to end the tenancy and at the end of the tenancy just issue a new tenancy to the sole tenant.

The EPC has expired while they have been there so does this mean new EPC all new paperwork right to rent etc or is there another way to do this which is easier for me paperwork wise?

I have no issue doing all new paperwork EPC etc but would hate to find out if there is an easier way to do this.

Any advice on the best way to do this would be appreciated.

Many thanks in advance

Steve



Comments

by budd

11:09 AM, 11th November 2021, About 3 weeks ago

Treat as a new tenantcy and do all the paper work. That is what I did.

by Smartermind

11:56 AM, 11th November 2021, About 3 weeks ago

It is effectively a new tenancy as the exiting tenant won't want to be liable for the remaining tenant's debts/liabilities to you.

So do all the paperwork as cutting corners now may come back to bite you!

by Mike

11:58 AM, 11th November 2021, About 3 weeks ago

Just to safeguard further, send a section 21 Notice addressed to both of them at the property., since the tenancy is a joint tenancy, either party can sign for a recorded delivery letter, then wait two months plus another few days for the Notice deemed delivered, or alternatively you can use a witness to see you leave that Notice at the property address through the letter box , take a video footage, and a witness statement and then issue a new a new agreement to the partner who then becomes a sole tenant. Retain proof of S21 Notice. You may need to get a new EPC.

Or you may get the remaining tenant to write to you a declaration that she is no longer staying with him and from that moment on she is no longer part of the original tenancy and that she has surrendered her tenancy and she has returned her key to him, and from now on he is solely responsible for the rent and the tenancy is now only exclusive to him, you could type this for him and let him sign and print his name as well as a witness.

Just so that she cannot make a claim for illegal eviction in future, if the remaining tenant does not cooperate then you have already served them a S21 Notice.
This is the route I would take is not necessarily legally approved method..

by Martin Riddle

14:23 PM, 11th November 2021, About 3 weeks ago

Go with it as a new tenancy and start off "clean" and legal. Don't forget to take the deposit out and return it, seen someone fall foul of this before with the leaving partner asking for all of the deposit back that "she paid".

by Freda Blogs

18:57 PM, 11th November 2021, About 3 weeks ago

You may wish to re-reference the party staying to make sure they can afford the rent by themselves from a single income.


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