Removing one person from joint tenancy

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

  • catdog1121
    started a topic Removing one person from joint tenancy

    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?

  • jpkeates
    replied
    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.

    Leave a comment:


  • catdog1121
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    There are processes council can follow to pay just one of joint tenants. Press the council!

    Leave a comment:


  • catdog1121
    replied
    At least with him as guarantor I have someone else to chase for any debt.... Better than just giving tenancy to her..

    Leave a comment:


  • catdog1121
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    Wot he said

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:

Latest Activity

Collapse

  • Tenant Offering to Pay Rent in Advance
    Grim
    Hi Everyone,

    I'd welcome your advice, I'm in the process of renting out a property and have been disappointed in the lack of interest from potential tenants, However, I've been approached by an EU National new to the UK ( 6 weeks ) and keen to rent the house. He is awaiting the arrival...
    21-03-2019, 08:24 AM
  • Reply to Tenant Offering to Pay Rent in Advance
    mariner
    Not to mention the leccy bill!.

    OP specify in AST the dates for the 3 month advanced rent payment.
    26-03-2019, 04:45 AM
  • No deposit strategy
    Marty115
    Hello all,

    I'm hoping those of you with much more experience could help me out. I've been reviewing the way in which i manage my tenancy's and im thinking of no longer taking deposits and instead just bringing rent up to market value. Obviously there is both pros and cons to this idea...
    21-03-2019, 15:44 PM
  • Reply to No deposit strategy
    mariner
    T agrees to pay the rent due on signing the AST for 6 months. Even if Rent lowered as an incentive for No Deposit they still remain liable for any adjuged LL losses.
    26-03-2019, 04:17 AM
  • Boundary/tree issues
    HantsAgent
    A property I look after has a large palm tree in the garden. It overhangs the neighbouring property and the neighbour is annoyed. He's written to the tenant demanding that he (or the owner) gets the tree cut back or he'll do it himself and forward the invoice. He has made no mention that the tree poses...
    25-03-2019, 10:45 AM
  • Reply to Boundary/tree issues
    mariner
    This often arises with conifers affecting next door's garden.
    IMO there can be no trespass if overhanging branches are returned to the tree's owner by throwing them back over the boundary line.
    Tell the neighbour this may affect the aesthetic appearance of HIS tree and he is liable for disposal...
    26-03-2019, 03:32 AM
  • Renting and the barrier wall of 'No DSS'
    Ady_P
    Tenant here,

    First post, so please play relatively nice...

    My current living situation is requiring me to consider all angles, sources of information and help...

    I'm usually employed in the UK design consultancy sector, unfortunately, traumatic life events don't...
    23-03-2019, 18:31 PM
  • Reply to Renting and the barrier wall of 'No DSS'
    mariner
    Many LLs are frit by the universal roll-out of UC
    They can do their best to vet Ts but we cannot stop them applying for Benefits
    The only safer solution is to get T to provide a house owning G,willing to be liable for T's debts for duration of T.
    That in itself can be a good indication...
    26-03-2019, 02:49 AM
  • Fair wear and tear and rules re: deposit deductions?
    Am1988
    Hi there,

    Not a landlord but rather a tenant but interested in an objective opinion...

    Have recently moved out of a property having lived there for a year, it was brand new when we moved in (though not without issue as things weren’t picked up by quality control).
    ...
    25-03-2019, 14:24 PM
  • Reply to Fair wear and tear and rules re: deposit deductions?
    boletus
    If I were the landlord and I decided to pursue this, I would provide sworn statements to the court that the floor was perfect on completion from the chartered surveyor, site manager, building surveyor, architect, floor fitter, snagger, estate agent, letting agent, cleaner, uncle Tom Cobley and all....
    25-03-2019, 20:55 PM
Working...
X