Removing name from tenancy before moving out

bbarroso

Hi all,

I'm separating from my partner in a couple of days.

Currently we have a tenancy agreement in both our names. We notified the council I was leaving, but I'm not particularly thrilled to have a rent account in my name, should she decide not to pay or other bad things.

I talked to my landlord and he told me this should be fine, to just cross a line over my name in the contract, but would this be enough? Should I get him to sign some confirmation letter or similar?

Many Thanks

Guest101

Yes, you need to get a deed of assignment signed by all three of you (and witnesses)


OR alternatively at least a document where your ex indemnifies you. Or where your LL agrees to in essence not hold you accountable. (Neither of these will guarantee you are not chased down the line)


When you mention council I presume that's to do with council tax?

bbarroso

Guest101 wrote: »

[...](Neither of these will guarantee you are not chased down the line)

Complicated... So what would be my best coarse of action then? I don't want to be in such a mess!
Yes, council tax and whatever benefits she may be getting there.

Guest101

Sorry i wasnt clear, the first option (deed of assignment) is legally binding.


it was the 2nd and 3rd which weren't so much.

CIS

For council tax purposes whilst you're on the tenancy and resident you remain liable for the council tax - once you cease being resident the council tax liability falls on any remaining tenant.

Once point to watch though is that if you leave without having your name removed from the joint tenancy and your partner was later to move out you may find yourself jointly liable for the council tax charge again on the unoccupied property..

Craig

G_M

Either

1) a Deed of Assignment removing your name, signed by landlord and all tenants and witnessed

or

2) landlord grants a brand new tenancy in your partner's sole name. Ideally with an agreed Early Surrender of the current tenancy (signed by LL), though this could simply be implied by the creation of the new tenancy ( a signed copy of which you should hang on to just in case...).

I suspect the LL does not want the hassle and expense of either option, hence his advice to you. You may need to pay him for the more formal document that is needed.

Miss_Samantha

If the tenancy is periodic you could simply serve notice.

bbarroso

The council has already been notified and changed the direct debits, I don't think Ill have to deal with them again. They might inspect her, but of course, that wont be my problem (If she plans on taking someone else there, that is)

I could serve a notice, I've been there for over the 'minimum' 12 months, I'm guessing she would have to pay to get a new contract, which would cost me, of course, but the 30 day notice shouldn't be a problem.

Would that take care of it or I better go to the agency I fist signed with and have it legally changed?

I have a digital copy of the contract, in all honesty I could change it and have the landlord to sign (he's an old fella without computer, hence why he doesn't do it) I just don't know how legal this would be (In fact, I don't even know how legal the agency document is, or how that differs from one made by either party (me/landlord/someone else). I guess sometimes the law is a bit blurry. :rotfl:)

As to the Deed of Assignment, where can I do this, so that is legally binding with the witnesses and all? CAB? Agency?

I barely know my 'wife' nowadays she went completely mad, so I cant really trust nothing to the odds. If it needs to be paid, be it. Its safer!

G_M

* So you had a 12 month fixed term tenancy in joint names?
* And that expired when (exactly - The date matters!)?
* so you now have a periodic (rolling) tenancy.

As Miss S says, you could serve notice. To do this correctly you need to give a full tenancy period notice, ending on the date a period ends (hence the question above)

This will end the tenancy for both of you. If you do not both leave, you (both) could be evicted and/or charged double rent.

It would be up to your ex to make any future arrangement for herself, either with that landlord, or elsewhere.

See also:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

bbarroso

12 Months starting on the 25th August 2015. As Far as I am aware the deposit was never protected and I was advised here not to bother as that could come useful at some point.

So can I not just pay the agency to amend the tenancy?

G_M

bbarroso wrote: »

12 Months starting on the 25th August 2015. As Far as I am aware the deposit was never protected and I was advised here not to bother as that could come useful at some point.

So can I not just pay the agency to amend the tenancy?

Then your tenancy periods run from 25th to 24th of each month. If you served notice today (26 Sept), notice would expire on 24th November. (you are 1 day too late for it to expre 24th Oct).

Yes, as explained, provided the landlord/agent agrees, you could:

Either

1) a Deed of Assignment removing your name, signed by landlord and all tenants and witnessed

or

2) landlord grants a brand new tenancy in your partner's sole name. Ideally with an agreed Early Surrender of the current tenancy (signed by LL), though this could simply be implied by the creation of the new tenancy ( a signed copy of which you should hang on to just in case...).