Joint tenancy, one person moving out

VodkaSorbet

Hi, just a quick question to point me in the right direction for checking this out formally.

I have 2 tenants renting a house from me on a joint tenancy with 8 months of the contract left. One wants to move out, but the other wants to stay and take over payment of the whole rent and bills. There wouldn't be anyone else moving in.

Can the existing contract just be left in place, or does it need to be altered/a new one written to formally acknowledge the new arrangement?

Many thanks!

pmlindyloo

VodkaSorbet wrote: »

Hi, just a quick question to point me in the right direction for checking this out formally.

I have 2 tenants renting a house from me on a joint tenancy with 8 months of the contract left. One wants to move out, but the other wants to stay and take over payment of the whole rent and bills. There wouldn't be anyone else moving in.

Can the existing contract just be left in place, or does it need to be altered/a new one written to formally acknowledge the new arrangement?

Many thanks!

Things to consider:

Can the remaining tenant afford the rent and bills on their own?

The leaving tenant cannot end their tenancy agreement during a fixed term so if you are happy for them to do so you have to agree to a surrender (IN WRITING) for that tenant.

From what I have read, in these circumstances it is best to create a new tenancy for the remaining tenant. Since there are 8 months left it would be sensible to start a new tenancy for 6 months with just the remaining tenant named on this. If you continue with the existing agreement than the leaving tenant would still be jointly liable for the rent.

You will need to sort out any deductions from the deposit for the leaving tenant and re register the deposit in the remaining tenant's name. Also you should make sure the prescribed information is sent to the remaining tenant. So basically give the deposit back with whatever deductions need to be made and then take a new deposit in the remaining tenant's name.

I do not know if there is another way to do this but this seems the most sensible way.

If there is another way then I am sure someone will come along and say!

theartfullodger

Do nothing: Simply moving out does not stop the person who leaves being liable for the rent (ALL the rent).

IF (but not before) both original tenants & a replacement propose a new pair & the new guy has passed the standard reference & credit checks then accept a tenancy-surrender & sign a new deal: Until then, do nothing.

G_M

As above, the key is whether the new proposed tenant passes referencing/credit checks etc, and you are confidant the new arrangement will protect your rent etc

If not, leave current contract in place and maintain your option to sue the departed tenant as a last resort.

If you are happy to change you can either

* agree a surrender of the tenancy and create a new one or

* arrange a Deed of Variation substituting new name of old name. Original (amended) tenancy continues

VodkaSorbet

theartfullodger wrote: »

Do nothing: Simply moving out does not stop the person who leaves being liable for the rent (ALL the rent).

IF (but not before) both original tenants & a replacement propose a new pair & the new guy has passed the standard reference & credit checks then accept a tenancy-surrender & sign a new deal: Until then, do nothing.

This was what I thought I should do.

The tenants have lived there for 3.5 years and have been excellent, and I know they are still in the same circumstances as when they took out the tenancy so there should be no problem with affordability for the remaining tenant (based on anything that can be formally checked).

Perhaps I should do nothing but make the leaving tenant aware that they are still liable.

theartfullodger

The cunning would not let the departing tenant know: If rent does end up being owed & you need to sue the tenants it helps if you can find them: Telling departing punter he is liable may "encourage" him to take steps to keep his location hidden..

Nasty old game ain't it?