Tenants splitting up. Guidance please!

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    Tenants splitting up. Guidance please!

    Hi all,

    I have a couple who are splitting up. The situation is amicable and the partner who is leaving is prepared to sign something.

    Could anyone guide me in the direction of what he needs to sign. Does anyone have the proper forms needed to sort out deposit shared and what not.

    Much appreciate and thank you in advance

    #2
    Do nothing. Just because one leaves they still remain liable for ALL the rent, as does the remainer. Two to sue is always better than just one.

    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...

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      #3
      If it is periodic, the leaver can end the tenancy by giving valid notice.
      If it is in the fixed term, then it requires your (and the remainer's) agreement to end the tenancy.

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        #4
        Are both on the tenancy agreement ? just wondering what happens over the deposit is that in both names as well ?

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          #5
          If the tenancy is joint and several, there's only one tenant (who is all of the people named as tenants), one deposit and one rent payment.
          When any deposit is protected, the landlord nominates one of the people as the "lead tenant" and they are the only person the deposit company will discuss anything or return the deposit to.

          The landlord is meant to explain this to the tenant and confirm that they understand this.
          I imagine that such a thing has never happened.
          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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            #6
            Originally posted by ericawhiteroom View Post
            to sort out deposit shared
            If the tenancy is not ended, then do nothing about the deposit.

            If the tenancy is ended, then do the usual (whether or not you grant a new tenancy to the remainer).

            Don't even think about trying to do something clever with the tenancy or deposit; you are likely to get into a legal mess.

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              #7
              Thanks for the responses

              What I would like to do is end the tenancy amicably where they both surrender their tenancy and the deposit is refunded, so can someone please guide me to a form for that if possible?

              Then could someone guide me to a new tenancy agreement, current one for 2019?

              Many thanks,

              X

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                #8
                Deed of surrender - https://forums.landlordzone.co.uk/fo...-of-surrender=
                Tenancy agreement - https://www.gov.uk/government/public...ssured-tenancy
                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


                  #9
                  Hiya,

                  Thanks so much for the info jpkeates - really appreciate it.

                  The deed of surrender looks great. The tenancy agreement is about 53 pages long, is that normal? That is going to take about half of my ink cartridge out lol

                  Do you know if there is anything smaller?

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