Joint tenanxy

nrmm

I’m on a long term joint tenancy with my partner, a 5 years one. We’re breaking up and he’s decided that he’s no longer to live here. I will stay and cover all duties and responsibilities as a sole tenant. What form does he need to fill in, abdicating of his tenancy obligation, saying that he’s leaving etc? Is this the most straight forward process? 

Landlord is happy for me to stay, I just don’t want his name on the tenancy in case eg debt come to this address etc

many thanks for your help

Brie

My guess is that you get your landlord to end the current tenancy and that you get a new agreement in just your name.  

Is there anything else that links you financially?  Joint bank accounts, sharing credit cards etc. Don't forget to remove his name as "next of kin" for anything whether it be for work, pensions, whatever.  (sorry if I'm stating the obvious)

propertyrental

The landlord could
1) grant you a new tenancy in your sole name. The current deposit would need to be released (as the joint tenancy is ending) and returned to you/your ex (less any deductions for damage etc) and a new deposit taken from you and protected. The LL would be wise to do a new inventory recording the current state of the property at the start of your new tenancy.

2) assign your ex's liability to you. The existing tenancy would continue (so same deposit) but your ex's name would be replaced by yours, making it effectively a sole tenancy. LL would need to execute a Deed of Assignment.

theartfullodger

If tenancy is no longer in fixed term (of original or renewed tenancy) you (not ex..) just need to serve notice to quit to landlord: Notice of any joint ends tenancy for all in these circumstances.

 Then pray landlord offers you a new sole tenancy.

Obvs need to sort out deposit, new inventory (noting condition of everything) , photos etc etc.. 

(As a landlord my approach is to try and keep both still on original tenancy, no paperwork changes.  Just because someone moves out does not end tenancy nor - importantly - end their liability for paying rent: So still 2 people to sue if rent not paid).

3card

As a landlord i was in this same situation and the RNLA told me the best way round it was to ask the leaving party to write to me to ask me to release him from the tenancy and return the deposit to him as he was the lead tenant. The 'staying' tenant was asked if she was ok with this arrangement which she was and she would pay a new deposit to me.

I raised a new TA in her sole name and she issued a new deposit and it all went through without any problems

macman

A joint tenancy agreement does not create a financial association, so any debts he has will remain his own.

RAS

Make sure you remove him from the electoral roll, and any utility accounts. Read the meters now and update the utility, to get a sensible bill. And again when he leaves.

theartfullodger

macman said:

A joint tenancy agreement does not create a financial association, so any debts he has will remain his own.

er... but if there are rent arrears with a joint tenancy ALL joint tenants are liable (unless landlord has stupidly specified how much of the rent each pay).  So if there are arrears and - for example - one joint tenant has disappeared, landlord is perfectly entitled to take any other joint tenant to court for ALL the debt.  Even if that joint tenant has been paying their (perceived..) "share".

macman

theartfullodger said:

macman said:

A joint tenancy agreement does not create a financial association, so any debts he has will remain his own.

er... but if there are rent arrears with a joint tenancy ALL joint tenants are liable (unless landlord has stupidly specified how much of the rent each pay).  So if there are arrears and - for example - one joint tenant has disappeared, landlord is perfectly entitled to take any other joint tenant to court for ALL the debt.  Even if that joint tenant has been paying their (perceived..) "share".

Correct, but that is not the situation in this case. There is no mention of current arrears, and once the ex-partner gives and serves notice, the existing joint tenancy will be ended.

saajan_12

nrmm said:

I’m on a long term joint tenancy with my partner, a 5 years one. We’re breaking up and he’s decided that he’s no longer to live here. I will stay and cover all duties and responsibilities as a sole tenant. What form does he need to fill in, abdicating of his tenancy obligation, saying that he’s leaving etc? Is this the most straight forward process? 

Landlord is happy for me to stay, I just don’t want his name on the tenancy in case eg debt come to this address etc

many thanks for your help

Is the landlord happy for the tenancy to be in your name alone as well (slightly different to only you staying but both remaining liable for rent)? 

If so, then there's 2 options:
1. Sign a deed of variation, replacing <Tenant = you + ex> with <Tenant = you only>. This should be executed as a deed, with all parties signing. You should mutually agree any deposit repayment and damages caused to date with ex. When you leave in the future, the deposit would be returned to you, and you'd be responsible for any damages before or after the split. 

2. Alternatively, agree to terminate the current tenancy and sign a new one with you only on the same date. The old deposit should be returned (less any damages to date, and you should pay a new deposit yourself, with a new inventory so you'r eonly responsible for damages going forward. 

If not, then you may need to discuss further with partner / landlord. 

freesha

macman said:

A joint tenancy agreement does not create a financial association, so any debts he has will remain his own.

 Correct, but how will the OP prove he no longer lives there when bailiffs turn up for a debt? She won't have a tenancy agreement showing it is just her there.