Removal of name on tenancy agreement

Pat2524

My son split up with his ex 1 year ago, had been continuing to pay the rent but now his ex is paying the rent, but is finding it very difficult to get his name off the tenancy agreement. The Letting Agent just ignores all his calls and emails (6 weeks now). I understand that him coming off the agreement (know there will be a fee) puts the LL in a worse position as only 1 person to pursue over rent etc but he cannot stay on there forever! I understand the process of the tenancy being assigned to her or the tenancy ended and one set up in her sole name (she would need a guarantor as does not earn enough and on benefits) but its very frustrating when the LL just won't even acknowledge his calls. A colleague suggested going to the Property Ombudsman. 

elsien

If the tenancy is no longer fixed term and has gone onto a rolling one, he can give notice to end the tenancy without the consent of the other tenant. 

This will end the tenancy for both of them. It will then be up to the ex to either take over the tenancy in her own name, or find somewhere else. 

He would need to do this in writing to the landlord at the address given on the tenancy agreement and ensuring he gives the correct notice. 

canaldumidi

The Property Ombudsman will only be interested if a letting agent (not the landlord) has done something wrong. And neither the LL nor the agent has done anything wrong.

As elsien asks above: is the tenancy a fixed term one, or periodic (rolling)? If fixed term, when does it end?

elsien has explained about giving notice in a periodic tenancy (note: it makes a difference if it is a CPT or SPT - see link below), but be warned that if one joint tenant serves notice and then both joint tenants don't leave (or remain with a new, agreed, replacement tenancy) then double rent can be charged.

Post 4: 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?

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) plus explanation here

theartfullodger

Indeed, notice to landlord, copy agent, keep copy.  Calm and polite, in writing and email.

It is possible depending on wording that he has already given notice to agent.

doodling

Hi,

I don't believe that there is a way to end a joint tenancy without agreement of all the joint tenants or the landlord.

Any of the tenants can give notice, but unless they all leave at the end of that notice, or agree an alternative tenancy, then the tenancy continues and all tenants would be liable for (double) rent, even those who have left.

The only options which I can think of are:

1. For the tenant who has left to persuade the landlord to evict the tenant(s) that remain or sign a tenancy with just the remaining tenant(s).  There is no obligation on the landlord to do either of these however.
2. For the tenant who has left to pursue legal action against the tenant who won't leave on the basis that there was an implied agreement that the joint tenancy wouldn't continue if they were no longer partners.  You don't hear about people doing this so I'm guessing it would be something of a challenge.
3. Persuade the tenant who remains to sort it out, either move out or take on the tenancy on their own.

I'd go for option 1 or 3, pester the landlord to sort it out and hope that they are receptive or talk to the ex.

saajan_12

You can't force the LL to get involved if there's no actual repair issue. 

So your only option is to serve notice, and then the remaining tenant can negotiate a new tenancy in their own name, or move out and look elsewhere if the LL still doesn't respond. 

doodling

Hi,

saajan_12 said:

[...]

So your only option is to serve notice, and then the remaining tenant can negotiate a new tenancy in their own name, or move out and look elsewhere if the LL still doesn't respond. 

One of the options for the remaining tenant is to do nothing when the OP serves notice.  When they fail to leave both tenants would then be jointly liable for double rent until they do.  Giving notice when you can't guarantee that the remaining tenants will move out is not risk free.

canaldumidi

If one joint tenant serves notice, then the tenancy does end when the notice expires even if one/more of them remain.

That is an important distinction as the landlord can then evict without going throught the normal AST procedure (there no longer being an AST).

If the LL does demand rent after this (whether the normal rent or double rent) that could (probably would) constitute the creation of a new tenancy.

However the LL could instead demand 'mesne profits' in lieu of (double) rent.