changing names on tenancy agreement

wheelz

My tenants have split up, unfortunately due to domestic violence. The man has moved out and the woman and baby remain in my flat. She wants me to remove his name from the tenancy agreement. It's a rolling contract. I don't have an agency looking after the flat, I only get an agency involved when tenants move out and new ones move in. The agency draws up the contract and arranges deposit, which I am aware is held in a government scheme.

I have never dealt with this before, I used to live in my flat myself and am not a 'professional' landlord. What are my / her options?

Is it legally necessary for her to get his name of the agreement or is it just an emotional issue. Is the main problem the deposit? Should she get that back first, get a new contract etc. Do I involve the agency? or do I have to? Any help appreciated.

G_M

If she approached you, on her own, as a prospective new tenant, would you accept her? Has she the income, the credit history etc?

If not, leave the ex on the agreement since he then remains a joint tenant (even if not living there) and can be pursued for rent arrears if they arise in the future.

If you are happy to accept her as sole tenant you can

* get the current agreement urrendered by them both and issue a new agreement in her sole name or
* Execute a Deed of Assignment (signed by all 3 parties and winessed) removing his name from the existing agreement which then continues.

HouseBuyer77

Presumably if his name is on the agreement still you would have to give him keys to access the house if he asked for them?

I presume she would not be happy with that.

pmlindyloo

I think you need to seek some advice on this or your tenant needs to seek advice from CAB or, in your tenant's case, from a Domestic Violence advisor.

If the tenancy remains as a joint tenancy then the OP's partner has the right to enter the home. Because of the domestic violence issue this could be a recipe for disaster.

Depending on the circumstances you could surrender the tenancy and create a new one in the woman's name. However, this may involve need the woman's partner agreeing to this although it is possible to do this without his permission in some cases. Hence needing professional advice.

Of course you need to find out the woman's financial situation as regards being able to afford the rent. Depending on her circumstances she may be entitled to full rent through housing benefit for at least 13 weeks and then get help for longer through the Discretionary Housing Payment.

So talk to your remaining tenant and find out the exact circumstances. Then you will be in a better situation to make an informed decision.

wheelz

Thanks for your replies. I'm trying a number of avenues for advice but I'm currently at work so have limited time to do this before we go into the weekend. Any idea of what 'professional advice' this would be? She herself has help from a local charity for domestic violence and says she's ok. Her ex-partner has moved out two days ago. It's the housing issue I need to focus on, including making sure she is safe so will speak to her and offer changing the locks.

G_M

wheelz wrote: »

including making sure she is safe so will speak to her and offer changing the locks.

NOOooo!

Be very careful!

As explained, so long as he is a joint tenant he has a right of access. If you change h locks and exclude him you may well be guilty of illegal eviction - a criminal offence.

Of course, if she has a court order denying him access, that would (I assume) be different - hence the suggestions that you get advice and view the property issue in conjunction with her domestic issues.

* has he left voluntarily?
* does he wish to return?

If you can get his consent to surrender or assign the tenancy, and asuming you are happy to keep her as sole tenant, that is the ideal way forward.

If he is reluctant, wishes to return or is obstructive to any change, then either do nothing (it's her domestic problem, not yours - you are a landlord, not a councillor/adviser/friend) or wait till she has taken legal advice on her own position (eg restraining order on him or similar)