Removing ex-partner's name from tenancy agreement

Kier_2

Is it straightforward to remove my ex-partners name from our tenancy agreement?

She moved out in December last year, and would be happy to agree to it.

It is a privately rented property through a letting agent, and was a 6 month Assured Shorthold Tenancy that ran it's course and has been on a "rolling" basis for 4 years now. We have never had rent arrears or any other problems.

The problem is that I am currently in difficult financial circumstances (I won't go into details!). Suffice to say I doubt I would pass any referencing process by the Letting Agents if the agreement had to be completely re-issued and would probably be asked to leave. However, for one reason or another I am very keen to have the tenancy in my name only.

Any words of wisdom much, much appreciated!

pooler_2

Did you ex partner ask or notify your Landlord that she was moving out?

Kier_2

No. We're still both living there as far as the Agents / Landlord are concerned.

It wasn't a nasty breakup so there's no issue with coming to agreement with my ex. The cheating b**ch...;)

pooler_2

You really need to check the terms of your tenancy agreement, as to whether your ex can assign the tenancy to yourself without asking permission from the Landlord.

If the Landlord knew your finances wern't great, or came to find this out, i would imagine they would be reluctant to release just your ex from the tenancy. They may be able to treat you as a sole applicant for a new tenancy and check your finances. It depends on how scrupulous your Landlord is as to what process they would want to go through.

Would you have anyone who could potentially be your Guarantor should you default on payments, should the LL be reluctant to have you on your own? The Landlord may be more willing to let your ex go in this case.

Kier_2

I've combed through the tenancy agreement and there's nothing in there about it at all.

I think the guarantor route might be the best way to go.

I've never had any contact with the landlord but from the way they've behaved with repairs etc etc, instinct tells me they are decent. And I suppose it potentially costs them money to replace me, what with the agency fees, the house potentially being unoccupied for a while between tenants etc etc so it would be in their interests to be flexible.

Sheesh. The cards that life deals us, eh.

pooler_2

hmm, never easy is it! If there aren't any rules to say your ex can't assign the tenancy, you may be ok to just do it, but definately don't do this without getting specific legal advice.

I suppose there's always going to be a risk however you play it, as you don't want to make the LL think you're trying too hard and making them wonder if they should worry. If you have a guarantor that may make it better as a back-up position. If they seem decent you could always try speaking to the LLdirect and just saying your ex has left you (aw..!) and you just wanted to let them know. I would imagine the LL would want to weigh up not having a tenant in and the costs, and may just ok you staying in on your own.

Hope whatever you decide it works out for you!

Pooler

Kier_2

Just going to bump this in case anyone is around who can shed any more light on it - sorry!

poppy10_2

Can't you just keep the tenancy in both names, and just pay it yourself?

zebulon

poppy10 wrote: »

Can't you just keep the tenancy in both names, and just pay it yourself?

that was my first thought as well but ...
from orginial post:

However, for one reason or another I am very keen to have the tenancy in my name only.

...

I suppose it can be easier to get CT discount

clutton_2

if you have successfully paid the rent all on your own for 6 months - i see no reason why the LL should not want to re issue in your name only.

franklee

I suspect it depends on if the agents are jobsworths or not. If they use a particular method of referencing and credit/financial checking tenants based on the figures your income may not be enough to cover that level of rent. Then presumably they'd need to ask the landlord if he's happy to ignore the "fail". Or maybe the agent will just wave the change through ... You would not know till you ask.

I'd fail any of the income checks so I just pay the first six months rent cash up front which makes the problem go away.