Tenants splitting up, one tenant wants to leave, the other stay

Counting_Pennies_2

I wonder if you can help.


I have a property that I rent out to joint tenants. They were both credit checked and referenced at the beginning.


They have now split up and one is wanting to leave, we have been contacted by that person saying the other wants to stay we have not heard directly from that person.


The referencing and credit check was carried out based on both sharing the rent. We have a standard run of the mill company who carries out the checks and comes back to let us know if they are capable of paying the rent.


Now one party is leaving, the one who is planning on staying has changed jobs since the checks were carried out.


I have said that I need to hear directly from the tenant who wants to stay that this is indeed their intention and cannot just accept the notice of the one tenant, is this correct?


Also with the job changing, I am concerned at the ability to cover all the rent on their own and would prefer for the credit checks to be carried out again. Would this be reasonable too?


Thanks

dimbo61

This is a joint tenancy and if one of the tenants gives notice then both tenants should leave.
You need to speak direct to the other tenant now.
Call them in the morning.

anselld

Counting_Pennies wrote: »

I have said that I need to hear directly from the tenant who wants to stay that this is indeed their intention and cannot just accept the notice of the one tenant, is this correct?

That is not correct. The notice of one joint tenant (if correctly served) is sufficient to end a joint tenancy.

It is up to you if you want to start a new tenancy with the other tenant, assuming that is their intention.

pmlindyloo

According to this:

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

what happens depends on whether it is a fixed tenancy or a periodic tenancy. The rules are different. Please read the link for further information.

G_M

1) one tenant leaving does not end the tenancy, nor end that tenant's obligations

2) if the tenancy is periodic, notice given by either joint tenant can end the tenancy. If one tenant fails to leave (unless you grant them a new tenancy) double rent can be charged ([FONT=&quot]Distress For Rent Act 1747 S18[/FONT] )

3) if the tenancy is in a fixed term, neither tenant can give notice to end the tenancy (unless there is a Break Clause, in which case all joint tenants must give notice)



To deal with the situation you have options:

1) agree to an Early Surrender of the tenancy. It will then end on whatever date you agree (pref in writing). Deposit returned etc as normal. You can then grant a new tenancy to the tenant who wishes to remain, assuming you wish to. Or grant a new joint tenancy if that tenant finds a new partner. Again, assuming you are happy

2) IF the tenancy is ended by the tenants (2 above), then again, up to you if you grant a new tenancy

3) you could Execute a Deed Of Variation on the existing tenancy, such that it continues, but with the departing joint tenant's name removed, (or substituted)

Should you allow the remaing tenant to stay? Your choice! Are you confident he/she can afford the rent and will not get into arrears? Is there a good track record? Might a new joint tenant help (if he/she can find someone who both tenant and LL accept)?

What is the current salary and what is the rent?