Removing one person from joint tenancy

[catdog1121]

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?

[theartfullodger]

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.

[jpkeates]

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.

[theartfullodger]

Wot he said

[catdog1121]

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.

[catdog1121]

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

[theartfullodger]

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

[catdog1121]

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.

[jpkeates]

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.