How to change AST agreement when one tenant leaves?

greatcrested

BartyBoo said:

theartfullodger said:

Do NOTHING!   That way both remain EACH liable for ALL the rent.

Why would a landlord go from having 2 people to sue to only having one?? Genuine question, never had a sensible answer...

I'm about the write to her and give her two options; if she thinks her hub will be happy to complete a Deed of Assignment' removing him from the tenancy, then that's fine - I'll go that route. If he's not, then I'll bring the current AST to an end, return her deposit (she's the 'lead' tenant on this) and start a new one with just her (and her guarantor).

(On that note, how do I 'prove' that he's moved out? Will I need an email or something from him? This is getting complicated.)

Just how do you think you can "bring the current tenancy to an end"? You can only do that if

1) you apply to court following a 6 month S21 Notice or

2) the tenants serve notice to end the tenancy or

3) you and the tenants agree an 'Early Surrender'.

Is the tenancy currently in a dixed termor periodic?

If 1) you'll be waiting forever

If 2) and fixed term, both tenants must serve notice for 2) above.

If periodic, either tenant can serve notice for 2) above and this binds both of them.

If 3), both tenants must request the ES.

BartyBoo

theartfullodger said:

Do nothing for 6 months.  If she's been fine on her own , then think about a new AST.  Currently you don't know how she'll manage

We don't really have a concern that she won't manage on her own; she's explained that she's had promotion at work (and she's already showed she's the type of person who can and will get a job very quickly), she has one less person to account for (it's now just her and one child) and her mum is guarantor (and she seems to be pretty solvent). 

If she ends up not managing, then that's just a different issue, surely? 

BartyBoo

greatcrested said:

Just how do you think you can "bring the current tenancy to an end"? You can only do that if

1) you apply to court following a 6 month S21 Notice or

2) the tenants serve notice to end the tenancy or

3) you and the tenants agree an 'Early Surrender'.

Is the tenancy currently in a dixed termor periodic?

If 1) you'll be waiting forever

If 2) and fixed term, both tenants must serve notice for 2) above.

If periodic, either tenant can serve notice for 2) above and this binds both of them.

If 3), both tenants must request the ES.

Thanks again GC.

Oh, I thought from an earlier post that when one tenant ends their tenancy, the whole AST terminates? I suppose he hasn't officially ended it - he's just moved out?

The AST continues 'as a contractual monthly periodic tenancy' from the original end date (which was 2 years ago).

So, the best way is for the hubby to complete a Deed of Assignment? If he doesn't play ball, what then?