Jump to content

Good partner tenancy - one no longer occupying


Recommended Posts

Status: Good two related partners on joint AST tenancy for several years (post DPS, pre EPC), rent regularly paid, house looked after, etc.etc. Partners efffectively guarantee each other. Satisfactory relationship..

But: One partner has recently moved out of property but remains as partner tenant on AST. What are implications of my doing nothing, beyond normal routine inspections that check that remaining partner is sole occupant?

I presume alternative is to start new AST requiring:

- Notice (by letter of intent initially) to replace current AST with new for remaining single occupant. (Vacated partner could remain guarantor)

- Extract and return existing deposit from DPS.

- Obtain new references for remaining tenant, conforming to new legal and insurance requirements?

- Request vacated partner remains nominated guarantor

- Obtain and secure new deposit with DPS.

- Raise and sign up new AST.

- Obtain property EPC (easy bit)

- Anything else?

Clearly if there was a new partner in place of old I would necessarily do all this alternative (give notice etc.) and insist both sign new AST, but if not I have no wish to rock a steady boat with existing tenant(s).

Do nothing or give notice to raise new AST? Advice please?

Link to comment
Share on other sites

I would be tempted to let sleeping dogs lie.

The tenant who moved out is still responsible for the rent and any guest who stays over with the remaining is just that a guest. But don't take any rent payments from them as that implies they have a tenancy.

You may want some clarification on the deposit though depending who is listed as the lead tenant.

Link to comment
Share on other sites

I too would let sleeping dogs lie.

Did both tenants have equal income and would the remaining one be able to afford the rent solo without call on the other half for monetary help? if this were to happen the other tenant may ask to be removed from 'guarantor' status.

If remaining tenant did introduce new partner I recommend referencing them too.

Link to comment
Share on other sites

If tenants are on a periodic tenancy then either can give notice to terminate it. Departed tenant could do so and the tenancy would end on expiry even if female remained in property. You would then have your hand forced - do you grant her a new sole tenancy or do you treat her as a trespasser?

Link to comment
Share on other sites

FB how would trespass apply in that scenario, or even squatter ?

As permission has been granted for the lady to reside, even though that permission may be revoked at some later date, surely she would still be a T and require to be evicted through the S21 (or possibly S8) route.

Link to comment
Share on other sites


This topic is now archived and is closed to further replies.

  • Create New...