Landlord and Landlady divorcing - does this affect me?

Fletch7

Hi all,

Me and my other half rent a property from Mr and Mrs X, we moved in Oct 2014 signed a 1 year fixed term tenancy agreement which then turned into a monthly rolling agreement in October 2015.

We received a phonecall from Mrs X yesterday informing us that she and Mr X are divorcing. Our tenancy agreement is in the sole name of Mr X, the mortgage on the property is jointly held between Mr and Mrs X. Mrs X is taking over the mortgage (i.e Mr X will be removed from the mortgage) and in order to do this she says she needs a new tenancy agreement with her named as the Landlady.

We're happy to do this but I wanted to check that I won't be disadvantaged in any way by signing a new tenancy agreement? We've made clear we wont sign another fixed term as we prefer being on a rolling contract and she's happy with that, is there anything I need to be aware of/look out for?

Thanks for any help.

theartfullodger

You do not have to sign any new agreement or agree to any changes.

The owner may be different from the named landlord.

In your shoes I would want a letter signed by all owners instructing you about what has happened before I (say) agreed to start changing who I paid rent to.. Splitting couples have been known to argue about such things. I'd certainly want something in writing from Mr X agreeing with what Mrs X says..

This is just change-of-owner, change-of-landlord stuff: The new landlord (whoever it is..) needs to write (yes WRITE! ..) to you detailing who they are, where they live etc.. Until then no rent is due to them. If they don;t do it soon enough it's a criminal offence. See section 3 of Landlord and Tenant Act 1985. Note that that it their actual address, not c/o agent or c/o their new toy-boy/whatever...

As said before, you do NOT have to do ANYTHING!

thesaint

What does your named landlord say?

Her mortgage lender may not be happy with a periodic tenancy though

Fletch7

Landlord on the tenancy agreement is currently Mr X.

Mrs X says she needs a new tenancy agreement naming her as the landlady in order to secure a mortgage in her name only on the property. If she can't get the mortgage she will have to sell.

We will be going through any new tenancy with a fine tooth comb to make sure there are no new terms in it. From our point of view everything will just carry on as normal, there will just be a new name on the tenancy agreement.

They've been good landlords and we don't want the aggravation of potentially having the property sold so we want to be helpful, I just want to check I won't be disadvantaged in anyway by signing a new agreement.

We have not actually spoken to Mr X, do we need to? We're just assuming he's aware of what's going on and is happy to be taken off the tenancy agreement as he is being removed from the mortgage.

Guest101

1: this is a perfect chance to add in clauses that you want adding in.


2: you cannot take any instruction from Mrs x. ONLY Mr X.

antrobus

Fletch7 wrote: »

...We received a phonecall from Mrs X yesterday informing us that she and Mr X are divorcing. Our tenancy agreement is in the sole name of Mr X, the mortgage on the property is jointly held between Mr and Mrs X. Mrs X is taking over the mortgage (i.e Mr X will be removed from the mortgage) and in order to do this she says she needs a new tenancy agreement with her named as the Landlady....

Be careful. Your contract is with Mr X and not Mrs X. Don't go signing any other contract with anybody else just on their say so.

RAS

You certainly DO need to talk to Mr X as if you pay Mrs X without his consent, he can chase you for the rent.

thesaint

Fletch7 wrote: »

We have not actually spoken to Mr X, do we need to?

They are getting divorced.
I think it's fair to say they are not on the best of terms, so, yes you need to.

Fletch7

Thanks everyone, it seems so obvious now it's been pointed out I really need to speak to the named landlord, I feel like a right idiot! Glad I asked

I'll also make sure I get everything in writing, I certainly do not want to end up caught between a divorcing couple.

theartfullodger

To find out who actually owns the place... you might want to spend £3 with land registry & get the deeds...
https://www.gov.uk/search-property-information-land-registry

If currently in joint names then one wonders have they both been declaring the rental income... if just in his name I'd want to see something from a solicitor confirming change of ownership before paying Mrs..

[Deleted User]

Hi,

Landlord and Landlady divorcing - does this affect me?

only if you were sexually involved with either of them, or both.

You may be implicated in divorce proceedings.