Removing one person from joint tenancy

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Removing one person from joint tenancy

    I have a tenancy with a couple, they have lived in the property for 5 years with no problem, however the relationship has broken down and the guy has moved out... The woman has gone to the council to get benefits but they want a tenancy in her name only.... The guy is happy to be a guarantor...

    Im ok for this to happen as long as he signs a guarantor document, but can you take one person off the tenancy (If so how) or would it need a new tenancy?

    #2
    Only if all other joint tenants and landlord agree:

    Much easier for one of joint tenants to give valid notice (easy) which ends tenancy for all, then you grant new tenancy in sole name.

    In my experience of broken relationships, the chances of one party wishing to guarantee the debt of the other party are vanishingly small, but I applaud your optimistic outlook.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      It needs a new tenancy which clearly replaces the previous agreement.

      If the remaining tenant can pay the rent, the guarantor agreement is superfluous, if they can't pay the rent, it's pointless.

      Why not keep the current agreement running, which has the same effect - the remaining tenant pays the rent and the tenant who has left remains liable for the rent, but you won't chase them for it unless the remaining tenant doesn't pay? It's much stronger than a deed of guarantee.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Wot he said
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          jpkeates,

          The problem is the council won't give benefits unless she is the only one on the tenancy agreement... There are kids involved which is why he is willing to be guarantor... I agree keeping status quo for me is better but with benefits I think she can afford the rent without it she can't, so if I dont agree the likely outcome would be they stop paying rent and force an eviction to get a council house.

          I did read about a deed of assignment to remove one tenant, is this possible.

          Comment


            #6
            At least with him as guarantor I have someone else to chase for any debt.... Better than just giving tenancy to her..

            Comment


              #7
              There are processes council can follow to pay just one of joint tenants. Press the council!
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Thanks, I guess the council's argument is she is saying her rent is X and household income is X yet the tenancy agreement shows two people in the household... Im going to go to a letting agent I use a lot to get advice, I don't see much difference from my point of view from having joint tenants and one tenant plus a guarantor. But if it needs a new tenancy or change there will be a cost which may put them off and get them to go back to the council.

                Comment


                  #9
                  Originally posted by catdog1121 View Post
                  I did read about a deed of assignment to remove one tenant, is this possible.
                  It is possible, but I have never seen anyone do this without cocking it up.

                  Here's a simple test.
                  Whoever you pay to produce such a document, if it is headed "Deed of Assignment",they probably don't know what they're doing.
                  Tenancy agreements should be novated not assigned.

                  It's simpler, cheaper and less risky to end the tenancy and start a new one.
                  If there's a cost, you or your agent is charging it, charges don't just appear out of nowhere.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

                  Latest Activity

                  Collapse

                  • licensee vs tenant
                    imjustbait
                    i have been given 14 days notice -

                    i asked my friend for help and to sort things out if possible, as he works in lettings etc -

                    he said to be this is a licensee contract not an (AST) one - (i didnt know)


                    basically, i want to know what rights i have to...
                    07-02-2019, 21:58 PM
                  • Reply to licensee vs tenant
                    imjustbait
                    It also appears they may not be registered with MARLA/ARLA as well....

                    My friend also informed me that the place I live (not to my knowledge before I moved in here) Is a council block/social housing. He informed me that if the landlord who has a mortgage on this property hasnt actually...
                    19-02-2019, 12:17 PM
                  • What happens to the deposit when a landlord dies?
                    Tencretax2
                    Hi everyone, I’m wondering if you could help me, as I’m very unsure of where I stand legally in respect of a housing situation I exited recently.

                    I was a Monday to Friday lodger until a few months ago, when I needed to vacate the room and move to a different property. I signed a contract...
                    18-02-2019, 21:18 PM
                  • Reply to What happens to the deposit when a landlord dies?
                    jpkeates
                    Whatever the practical obstacles, whoever is responsible for the estate needs to sort it out.
                    If the lodger sues the estate for the deposit, a court would award costs against them as well as ordering the return of the money.

                    Unless the lodger at least makes asserts their claim, the...
                    19-02-2019, 11:04 AM
                  • Reply to What happens to the deposit when a landlord dies?
                    Lawcruncher
                    Quite. The problem is that money is fungible. You cannot identify where the deposit is....
                    19-02-2019, 10:55 AM
                  • Debt Collection
                    Sweepiecat
                    Can anybody help please. I own a flat that is fully managed by a letting agency I’ve dealt with for 12 years. I received a letter from a debt collection agency asking me to ring them. I phoned them today and have found out there is an outstanding bill (which has been sold to the debt collection agency)...
                    18-02-2019, 22:53 PM
                  • Reply to Debt Collection
                    theartfullodger
                    Pay it today "under protest" to avoid further fees, then slowly sort the mess out.
                    19-02-2019, 10:53 AM
                  • Question about damage
                    Nearlytheone
                    Good morning, I'm new here so, firstly want to take the opportunity to say hello.
                    I'm living outside of the UK at the moment and my property in the UK is being rented out. I had an excellent Tennant who has now moved out. He has openly admitted damaging the lounge carpet. I have had a quote to...
                    19-02-2019, 10:07 AM
                  • Reply to Question about damage
                    jpkeates
                    A landlord is entitled to compensation for any loss in value of their asset(s) beyond fair wear and tear that occurred during the lease.

                    The formula that they should use, and a court (and the protecting company ADR process) will use is:
                    (Cost of the original item and any installation/fitting...
                    19-02-2019, 10:41 AM
                  • Reply to Question about damage
                    zanorias
                    Welcome.
                    What specifically are we talking about in terms of damage? As far as I'm aware, you can't deduct from deposit for fair wear and tear; if the tenant has looked after it as well as reasonably possible and been there a few years and it's slightly worn or light sofa indentation I wouldn't...
                    19-02-2019, 10:28 AM
                  Working...
                  X