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Can I get my name off the tenancy?

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floralaura
floralaura Posts: 342 Forumite
edited 14 November 2013 at 1:44PM in House buying, renting & selling
No longers relevant
She has the loaded handbag of someone who camps out and seldom goes home, or who imagines life must be full of emergencies..

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    There is no such thing as "removing your name" from a tenancy. The current tenancy needs to be mutually surrendered and a new one drawn up with the the remaining or new tenant/s.

    If you've already paid the six months rent in advance you should consider giving formal written notice that you do not intend to extend your tenancy beyond that point. If the other joint-tenant is not willing to move out or sign a new agreement in their name only you could be stuck.
  • floralaura
    floralaura Posts: 342 Forumite
    edited 14 November 2013 at 1:43PM
    What would happen then?
    She has the loaded handbag of someone who camps out and seldom goes home, or who imagines life must be full of emergencies..
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The landlord is unlikely to agree to an early surrender if they have received the full six months rent in advance. What would be their motivation? I suspect the earliest this would happen is November.

    I don't understand the bit about the other joint-tenant having paid all of the rent in advance. What was the point of including you on the tenancy if you contributed nothing?
  • floralaura
    floralaura Posts: 342 Forumite
    edited 14 November 2013 at 1:44PM
    Without airing dirty laundry
    She has the loaded handbag of someone who camps out and seldom goes home, or who imagines life must be full of emergencies..
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The council being able to help you depends on the circumstances of you needing to leave, not whether you have a joint-tenancy with your name on it.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    floralaura wrote: »
    Without airing dirty laundry-
    The other tenant is my other half-we moved in as a family, it was paid by them from the proceeds of a house sold. However its now looking likely that I will need to leave soon. I was Unsure how this will with being on a tenancy here and I will need help with social housing should I leave before the November.
    Give notice on the tenancy - one tenant can do this on behalf of all tenants AIUI. This leaves your other half to establish a new tenancy if he wishes to remain. You have plenty of time to do this - your tenancy is effective for a fixed period of 6 months but you need to get your notice in 1 month before the end of the fixed period.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • pmlindyloo
    pmlindyloo Posts: 13,093 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does your partner wish to continue with the tenancy?

    Although this may appear to be tricky, since the rent has been paid 6 months in advance I do not think that it has to be a big problem.

    You need to find out what your partner wants to do. Once this is sorted out then you can approach the landlord, explain that your relationship has broken down and see if he/she will create a new tenancy with just your partner. Since the rent has been paid, this new tenancy could be just until the end of the fixed term. Then the landlord/partner can decide whether to renew the tenancy or not at the end of what would be your current tenancy.

    It is a bit complicated but I don't see why a LL wouldn't agree when the 6 months rent has already been paid. The only problem would be if your partner stopped paying the rent after the new short tenancy ended. Would this be likely to happen? That may give cause for concern for your landlord.

    In theory you would be liable for any damages of the property but perhaps the deposit could be used if this occurred.

    Have you sought advice from your local council as regards your situation? Without prying, depending on your situation, they may have advice as to your best course of action in this situation.
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