One tenant vacated - new agreement for remaining tenant?

[mad_maz]

Hello

We had a couple renting a property from us that had moved onto a periodic tenancy.  The male paid the tenancy deposit and was also responsible for the rent and all utilities (the female was a stay at home Mum).

We have been informed by the male that the female has left the property and will not be returning but he wants to remain in the property.  He has asked for a new tenancy agreement in his sole name.

1.     Do we need to issue a new agreement?

          i.     If so, does it have to be an AST or can it be periodic?

         ii.     If we do have to issue a new one, do we have to notify the tenancy deposit scheme of the change (who will then charge us).

2.   Where we do not have to issue a new agreement, is there another document that we can give to him showing the change?

Many thanks in advance

Maz

 

[Grampa]

 

1.     Do we need to issue a new agreement?  Ideally yes but if you don't, the moved out tenant could move back in and have a claim on the tenancy but likely.

          i.     If so, does it have to be an AST or can it be periodic? Yes it will be a AST and yes it could also be set up as periodic from the start but I am unsure what you are trying to achieve as you still would not be able to gain a possession order from a court until at least the 6 month mark.

         ii.     If we do have to issue a new one, do we have to notify the tenancy deposit scheme of the change (who will then charge us). It would be best to get something in writing from the moved out tenant that they have no claim on the current deposit and it can be returned to the partner. Then end the tenancy and start a new one and protect the deposit

2.   Where we do not have to issue a new agreement, is there another document that we can give to him showing the change? Get a new AST signed up as that will stop it getting potentially messy further down the line.

Many thanks in advance

Maz

 

[Richlist]

My understanding is that with joint tenancies, if one of the tenants ends the tenancy then that ends it for both tenants. Which is pretty much what is said in the post above.

If one of the tenants wants to stay in the property then it's best to make a clean break and treat it as a completely new tenant with all new documents i.e. ast, deposit protection, inventory and all the other additional legal documents that came into affect on October 1st this year. The additional docs are VERY important as if you don't issue them/ comply it will affect your ability to issue an s21 and regain possession of the property in the future.

Because of the extra work involved for the landlord you might like to take the opportunity to raise the rent a little or make a non returnable administration fee payable by the remaining tenant. Why should they get something for nothing whilst everyone else and the Government are hitting on landlords with impunity......FIGHT BACK. 

[Grampa]

RL is correct one tenant of a joint tenancy can end a tenancy but only if its periodic but its not quite as simple as that.

If the one moving out ends it correctly in writing which is normally the case the reality is the other tenant is still in the property and you would still need a court order to get them out . So landlord still loses out as he has to go through a non-standard eviction process and only have one (ex)tenant to chase for any loses.

We have had a couple split up and the hubby moved out and kept trying to give written notice to end his liability but the wife didn't have the income to pay the rent but fortunately the fixed term was still running and any notice given invalid. Typical CAB giving out incorrect housing law advise.

[Richlist]

Thanks Grampa that's a good bit of clarification.

The op has said that in his case the tenancy was periodic.

Given Grampa's post it only reinforces the need for the landlord to take Rent Guarantee Insurance or ask for a Home Owning Guarantor at the start of any new tenancy....non of us know what can, could, should or might happen to any tenancy. ....and for those happy to proceed without either then at least recognise that you are providing an additional benefit to your tenant that should attract a higher rent....after all its a business. The Government have taken the lead here and shown us the way.......i.e. overcharge, however unfair, squeeze until it hurts.

[mad_maz]

Thank you both for the detailed responses, they are a huge help.  The remaining tenant has been fantastic (how many tenants can we say that about?) so we are not looking to give him notice to leave.

Great, I'll start the ball rolling with the paperwork.

Maz