What are a landlord’s responsibilities when a tenant couple splits up?

What are a landlord’s responsibilities when a tenant couple splits up?

0:02 AM, 16th September 2024, About 3 weeks ago 7

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Hi, I’m sure this isn’t a unique situation as it happens all the time, but could anyone kindly shed some light on my situation?

I have a tenant couple with two young children. Sadly, they are now no longer in a relationship and it has turned rather bitter. They have been exemplary tenants over the last 4 years, which makes the situation more difficult as their landlord.

The wife has recently verbally approached me regarding their situation and wishes for the husband to leave the property while she remains there with her two children, as they are at a local school and loves the house for many reasons. At the present moment, the husband is refusing to vacate the property at the wife’s request.

Their AST expires late December 2024.

The wife’s income is more than sufficient to cover the rent on her own and is also offering a UK based family member to act as her guarantor in order to meet the referencing (I require her to pass to remain eligible for the Rent Guarantee Insurance).

Admittedly, my wish is to not play marriage counsellor, but I have some concerns about my level of involvement should be in this situation going forward, particularly as I have not yet had any communication with the husband.

My concerns are:

Do I need to determine who stays and who does not? Can I be accused of discrimination choosing the wife over the husband to remain in the property?

What rights does the husband presently have? Can he legally remain in the property until the AST expires in December even though their co- habiting is quite hostile? He is not in rent arrears and has done nothing wrong as far as being my tenant.

I’m assuming I may need to ultimately issue the husband with the standard 2 months notice to quit under section 21 applicable in this situation! However, I do not believe I should be pressured to take sides?

What is the best way forward for an amicable outcome?

Thanks in advance for your help,

Cornel


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Comments

Cider Drinker

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10:03 AM, 16th September 2024, About 3 weeks ago

In short, it’s none of your concern.

They both have the right to remain in the property - even after the fixed term ends.

Leave it to the tenants to sort out. They can use the services of the family courts if they want to.

Be careful of basing your opinions on the words of just one side of the relationship.

There are three sides to every story. His side, her side and the truth.

GlanACC

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10:37 AM, 16th September 2024, About 3 weeks ago

I agree, this has happened to me twice. Do not get involved ! .. if one wants to leave they must give you a notice to leave which will terminate the tenancy, you can then decide what to do with the remining tenant - issue a new tenancy or get rid.

Nikki Palmer

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11:17 AM, 16th September 2024, About 3 weeks ago

There is no him or her - your tenants, assuming they are both named on the tenancy, are joint and severally liable for their term at your property.

If they chose to, one or the other could serve notice to terminate their tenancy at the end of their fixed term.

Your responsibilities as a Landlord have not changed - keep the house up together when necessary and make sure you get an annual gas safety.

Propman84

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10:28 AM, 20th September 2024, About 2 weeks ago

Thanks most kindly for your comments and advice to all who responded to my query. It's most useful.

Victoria Valentine

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11:24 AM, 20th September 2024, About 2 weeks ago

Sadly, as the tenancy is a single AST both tenants are jointly and severally liable for 100% of the obligations therein. So essentially either both parties terminate or neither do. If they can come to an amicable agreement you can offer to surrender and re-grant in one name only but I'd leave them to work out the logistics of that.

Carchester

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5:13 AM, 22nd September 2024, About 2 weeks ago

Unfortunately and irrespective of the difficulties within the marriage the so called "family court" (they are not family courts but County or High Court) will decide in the mothers favour and out goes the father possibly on an ouster order.

I wonder if the local council will tell him to ignore the order & stay put until the bailiffs arrive. I suspect not as he will already be hauled up for contempt of court should he not leave. The Scrubs await him.

Carchester.

havens havens

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9:37 AM, 24th September 2024, About 2 weeks ago

I'd recommend staying out of the personal drama between them. You don’t want to get caught in the middle. Legally, both have rights to the property, and it's best to let them sort out their issues.

Just focus on the tenancy agreement and your obligations as a landlord. If it gets too complicated, you might need to consider legal advice down the line, but for now, keep your distance and don’t feel pressured to take sides.

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