Two tenants to one- best way forward?

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    Two tenants to one- best way forward?

    Morning! Our current tenants are 2 friends who are both named/signed on the tenancy agreement. One would like to leave (they are on a rolling month by month) and the other would like to stay on a month by month until they can find somewhere more affordable for one. The one who would like to stay a little longer has a family member willing to pay upfront/act as guarantor. However, their deposit is in a scheme and obviously they have signed a tenancy together.

    Wondering if anyone has any advice on what the best way forward will be (if the tenancy ends, we'll release their deposit) but then will the remaining tenant need to pay a new deposit/sign a new tenancy agreement? (the issue is they don't want a 6 month lease, but a month by month).

    Or can we make an amendment to the current agreement? But what happens to their deposit? Obviously, I don't want to be left with a vacant property over Christmas. What is the safest (for us and the tenant) and legal way forward please? Thanks in advance.

    #2
    You can't just amend the current tenancy agreement.
    It's technically possible, but it's almost impossible to get right.

    The simplest thing to do is simply to let the agreement run, even though one of them isn't living there any more.
    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).

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      #3
      But I will need to release one tenant's half of the deposit (it's held in both names). I'm not sure how this can work! Thank you for your reply.

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        #4
        End the current tenancy and create new one.
        Do everything as if new tenant had nothing to do with previous tenancy,

        You can issue a new tenancy for one month.
        Tenant can then end it with 1 month notice ending last day of rental period.
        Landlord cannot end it before 6 months.

        I believe it becomes a spt after 1 month.

        Do checkout between tenancies and agree deductions, then new check in inventory.

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          #5
          Originally posted by Landladydaily View Post
          But I will need to release one tenant's half of the deposit (it's held in both names). I'm not sure how this can work! Thank you for your reply.
          There's only one deposit (in fact legally, there's only one "joint" tenant), so there's no "half" to return.
          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

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