tenancy advice please

[Deleted User]

my neice recently signed a one year tenancy on a flat as joint tenant with her boyfriend,sad to say although he has already moved in they have now split up before she moved in with him
The question is can she easily get her name taken off the tenancy?,thus avoiding any problems if he defaults on the rent or anything like that
any help much appreciated
John

SquatNow

Only is he consents and there will probably be a charge as a new AST will have to be drawn up.

A less honest Letting Agent will treat it as a whole new tennancy and insist on credit checking fees etc again.

Can he even afford the rent on his own?

[Deleted User]

SquatNow wrote: »

Only is he consents and there will probably be a charge as a new AST will have to be drawn up.

A less honest Letting Agent will treat it as a whole new tennancy and insist on credit checking fees etc again.

Can he even afford the rent on his own?

thanks for that,have advised that she contacts the agents tomorrow,just wanted some idea of what to expect

clutton_2

until a new agreement is signed, she will be legally responsible for the rent in the same say that he is - whether she chooses to move in or not - she has signed a legally binding document.

if the LL agrees that she can be removed, he is legally entitled to charge her for advertising for a new tenant, and for the rent until a new tenant moves in

Alleycat

With a joint tenancy rather than being jointly and severely liable the remaining tenant will be jointly and solely responsible for the rent. Therefore if both parties do not agree to allow your niece to end the tenancy agreement and re-sign her ex partner as sole tenant, the remaining tenant ( ex boyf) would need to pursue your niece through the small claims court for her share of the rent.

Worse case scenario, your niece would need to go through the courts to have her name removed from the agreement.

Good question to ask is whether her ex boyfriend can afford the tenancy in just his name?

clutton_2

but you need to talk to the LL - explain the situation to him/her and offer to pay for advertising costs to replace your neice - offer to help conduct the viewings - s/he may be a reasonable person - surprisingly, many LLs are !!!

zebulon

clutton wrote: »

but you need to talk to the LL - explain the situation to him/her and offer to pay for advertising costs to replace your neice -

it's going to be tough if its a 1-bed flat though - or they need to find him a new GF...

Short_Legs

clutton wrote: »

...if the LL agrees that she can be removed, he is legally entitled to charge her for advertising for a new tenant, and for the rent until a new tenant moves in...

I believe what you're referring to is the fact a landlord can retain a deposit in eventualities such as a breach of tenancy.

In any event, the boyfriend will still be there.

The OP's niece is best reading over the tenancy agreement to see what the conditions are and seek legal advice if she has any real concerns.

clutton_2

"I believe what you're referring to is the fact a landlord can retain a deposit in eventualities such as a breach of tenancy."

thats parly what i am referring to

the niece has signed a 12 month contract and the LL can hold her and/or the boyfriend legally responsible for paying for the rent for the 12 months term full term.

if this went to court and the LL sued her for the 12 months rent (less the deposit paid) the LL would have to show that s/he had made every attempt to mitigate the loss by advertising for new tenants etc.

if no tenants could be found then the niece is still legally liable - she has signed a 12 month agreement

if the LL wanted the flat back after 1 month - no doubt tenants would be in uproar - signing an AST is a two way street

If the boyfriend remains - he is responsible for the full rent - whether the niece has moved in or not - and he could in theory take her to court for her share of any unpaid rent

but as i said - talking to the LL is the first step.